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Legal custody of Niece

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montoyna

Junior Member
What is the name of your state? New Mexico

My sister gave me guardianship of my 9 year old neice. I have had her now for almost one year. I would like to know if I need to file the paper with the court system and I want to know if the document is really legal custody. I have provided a copy of the document and taken out the names for confidentiality

GUARDIANSHIP OF A MINOR CHILD


I, (mother), am the parent of (child), born _May 20, 1996_, a minor child.
I give to: (my name) the full authority to act in my place regarding any matter concerning the care, custody, or property of this child, including, but not limited to: granting of consent for any medical, dental, psychological, psychiatric examinations, care, or treatment including vaccinations or immunizations; enrollment in school and participation in school activities; applying for public benefits; and any other matter regarding the health or welfare of this child.

I also give to: (my husband) the authority to: granting of consent for any medical, dental, psychological, psychiatric examinations, care, or treatment including vaccinations or immunizations; participation in school activities; and any other matter regarding the health or welfare of this child.

The said minor child will reside at the following residence xxx and xxx:
xxx
Roswell, New Mexico

I agree not to appoint any other person to be the guardian of the minor child. Legal guardianship will end when the minor turns 18, dies, gets married or is adopted. It may also be ended by the court if the legal guardian, the child 12 years or older or someone else asks that it be ended, and a judge finds that the legal guardianship is no longer in the minor's best interests.

I acknowledge that this consent is being given knowingly, freely, and voluntarily. I further acknowledge that my consent is not given under fraud or duress.What is the name of your state?
 


Zephyr

Senior Member
if all it is is a notarized agreement letter- that has not been signed by a JUDGE- then no you do not have custody of the child
 

montoyna

Junior Member
Zephyr said:
if all it is is a notarized agreement letter- that has not been signed by a JUDGE- then no you do not have custody of the child
What does it take to get a judge's signuature. Do I have to file something?
 

Silverplum

Senior Member
montoyna said:
What does it take to get a judge's signuature. Do I have to file something?
Yes, you have to file for custody. Use the guardianship and the fact that the child has lived with you for the past year as your basis.

Edited to add:
Okay, out of sheer competitiveness with FairisFair, I found this NM Motion to Change Custody:
http://www.firstdistrictcourt.com/forms/pdf/motion for change of custody.pdf

More forms:
http://www.firstdistrictcourt.com/forms/pdf/

You'll probably need at least a consultation w/a family law attorney. Good luck.
 
Last edited:

acmb05

Senior Member
Silverplum said:
Yes, you have to file for custody. Use the guardianship and the fact that the child has lived with you for the past year as your basis.

Edited to add:
Okay, out of sheer competitiveness with FairisFair, I found this NM Motion to Change Custody:
http://www.firstdistrictcourt.com/forms/pdf/motion for change of custody.pdf

More forms:
http://www.firstdistrictcourt.com/forms/pdf/

You'll probably need at least a consultation w/a family law attorney. Good luck.
I am wondering where dad is and why he was not mentioned?

That agreement looks more like a power of attorney than a guardianship paper.
 

montoyna

Junior Member
Silverplum said:
Yes, you have to file for custody. Use the guardianship and the fact that the child has lived with you for the past year as your basis.

Edited to add:
Okay, out of sheer competitiveness with FairisFair, I found this NM Motion to Change Custody:
http://www.firstdistrictcourt.com/forms/pdf/motion for change of custody.pdf

More forms:
http://www.firstdistrictcourt.com/forms/pdf/

You'll probably need at least a consultation w/a family law attorney. Good luck.
Thank your for your time and advice.
 

ceara19

Senior Member
acmb05 said:
I am wondering where dad is and why he was not mentioned?

That agreement looks more like a power of attorney than a guardianship paper.
One other "oddity" is that there is no provision that allows the PARENTS to terminate the agreement at will.
 

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