N.M. 2nd Jud. Dist. Kinship Guardianship Procedure

Kinship Guardianship: Petition Guide

IMPORTANT: Read the “Use Notes” found on the last page of some of the forms.

All forms may be downloaded at the Second Judicial District Court website.

( https://seconddistrictcourt.nmcourts.gov/home/family-forms )

1. Prepare a Petition to Appoint Kinship Guardian. Make four (4) copies of the Petition to Appoint

Kinship Guardian.

2. If the parents consent to the appointment of a kinship guardian, the parents should sign a Parental

Consent to Appointment of Kinship Guardian and Waiver of Service of Process, otherwise:

a. Prepare a Summons for Parent 1. Make two (2) copies of the Summons.

b. Prepare a Summons for Parent 2. Make two (2) copies of the Summons.

3. If the child is 14-years-old or older, the child may complete a Nomination of Kinship Guardian

form. The Nomination of Kinship Guardian will serve as Notice.

a. Otherwise, if the child is 14-years-old or older and cannot complete a Nomination of

Kinship Guardian form, prepare a Summons for the child. Make two (2) copies of this

Summons.

4. Prepare an Ex Parte Motion to Appoint Temporary Kinship Guardian, a Request for Hearing, and

an Ex Parte Order Appointing Temporary Kinship Guardian. Leave section 7 and 8 blank. The

Court will complete these sections of the Order. Make five (5) copies of each form.

5. Submit your $137.00 filing fee, original documents, and copies to the Domestic Relations Clerk’s

office, first floor, Room #119, of the Bernalillo County Courthouse, at 400 Lomas Blvd. NW,

Albuquerque, NM between the hours of 8:00 A.M. - 4:00 P.M., Monday - Friday. NOTE: The

Court accepts cash, money order, cashier’s check, mastercard, and visa.

6. After the documents are filed, serve an endorsed copy of the following documents on Parent 1,

Parent 2, and the child (if 14-years-old or older):

◻ an endorsed copy of the Petition to Appoint Kinship Guardian

◻ an endorsed copy of the party’s Summons

◻ an endorsed copy of the Ex Parte Motion to Appoint Temporary Guardian

◻ an endorsed copy of the Request for Hearing

◻ an endorsed copy of the Ex Parte Order Appointing Kinship Guardian

Note: If they have not previously completed a Nomination of Kinship Guardian, a child who is

14-year-old or older must also be served with a blank Nomination of Kinship Guardian form,

along with the documents listed above.

7. After serving Parent 1, Parent 2, and child (if the child is 14-years old or older) the person who

served them should complete the Returns of Service for the Summonses, the Motion and Request

for Hearing. Once completed, the Returns of Service should be filed in the Domestic Relations

Clerk’s office, first floor, Room #119, of the Bernalillo County Courthouse, located at 400 Lomas

Blvd. NW, Albuquerque, NM between the hours of 8:00 A.M. - 4:00 P.M., Monday - Friday.