In New Mexico, family members retain the right to protect seniors and children who are at risk. They follow steps outlined in local laws that present them with a legal avenue to take action. These actions provide them with guardianship and better control, which enables them to provide a safer home for the victim of abuse or neglect. The following are steps that the petitioner will follow when discussing the case with a family lawyer in Albuquerque, NM.
Petitioning the Court
The prospective guardian must petition the court for this assignment. They must present reasons for their case and identify all circumstances that apply. The court will contact protective services to conduct further assessments to determine if the assignment is necessary.
Conducting a Home Study
The protective services for the county will assign a caseworker. The caseworker will visit the home in which the victim lives. They will interview the victim’s parent or caregiver. They assess the property and may also acquire a medical evaluation of the victim. These evaluations may include a medical doctor as well as a psychologist.
Temporary Custody or Guardianship
If the caseworker identifies a risk to the senior or child identified, they report these findings back to the court. The judge can grant the petitioner with temporary custody for at least one year. This duration enables the petitioner to provide care for the victim, and it determines if they are the right fit.
Finalization of the Guardianship Assignment
After one year, the court will revisit the case. The caseworker will provide additional information to the court. They are required to conduct further home visits with the petitioner to evaluate the living conditions and the victim. The judge will grant permanent guardianship if the petitioner fulfills all obligations appropriately.
In New Mexico, family members can take action if a loved one is at risk. These actions include taking temporary custody of a senior or child when a risk is present. The first steps are to petition the court and notify the authorities. Family members who need to discuss these matters with a family lawyer in Albuquerque, NM should contact Carter & Valle Law Firm or visit the website for more information.
