How to Complete the New Mexico Temporary Guardianship Petition (Form 4A-501)

To get a New Mexico temporary guardianship petition in front of a judge quickly, file Form 4A-509 NMRA (Motion for Appointment of Temporary Guardian) at the same time as the main kinship guardianship petition, Form 4A-501 NMRA, in the district court for the county where the child lives. If the judge signs the temporary order ex parte for good cause, you have legal authority to act for the child for up to 180 days or until the court decides the full case, whichever comes first.¹

Confirm You Can File

The Kinship Guardianship Act limits who may bring a petition to four categories:²

A kinship caregiver: a relative or someone with a family-type relationship who already has the child living with them and is providing day-to-day care.
A non-relative caregiver nominated in writing by a child who is at least 14, where the caregiver is at least 21.
A caregiver designated in writing by a parent, where the designation shows the parent understood the purpose and effect of the guardianship, the right to be served, and the right to appear and contest.
A caregiver with whom the Children, Youth and Families Department (CYFD) has placed the child under the Children’s Code.

Filing alone does not win the case. At the full hearing, the judge must find one of three statutory grounds before appointing you: a living parent has consented in writing and not withdrawn consent; a prior court order has terminated or suspended parental rights; or the child has lived with you, without the parent in the home, for at least 90 consecutive days immediately before you filed, and the parent with legal custody is currently unwilling or unable to provide adequate care, or extraordinary circumstances exist. The court must also confirm no other guardian is already appointed under the Uniform Probate Code, and you have to prove your case by clear and convincing evidence.³

Forms to Prepare Together

The temporary motion is not a stand-alone case. You file it inside the broader kinship guardianship case, so prepare the main petition and its supporting papers at the same time.⁴ The core set:

Form 4A-501 NMRA — Petition for Order Appointing Kinship Guardian. The main document.
Form 4A-509 NMRA — Motion for Appointment of Temporary Guardian. Filed alongside the petition when you need immediate authority.
Form 4A-206 NMRA — Summons, issued by the clerk.
Form 4A-505 NMRA — Parental Consent and Waiver of Service. One copy per consenting parent.
Form 4A-506 NMRA — Nomination of Kinship Guardian, if the child is 14 or older and wants to nominate you.
Form 4A-517 NMRA — Kinship Guardianship Information Sheet.

If CYFD placed the child with you, use Form 4A-514 NMRA (Department Consent) rather than the parental consent form. After the judge rules, the court signs Form 4A-510 (temporary order) or Form 4A-511 (permanent order), and Form 4A-516 Letters of Guardianship are available from the clerk on request, though a certified copy of the order itself is legally sufficient proof of authority.⁵ All forms are available at any district court clerk’s office and through the New Mexico Courts website.

Filling Out the Main Petition

The petition is what the judge actually reads to decide both the temporary motion and the permanent case, so the facts you put here carry the whole file.

Header and Petitioner Information

Fill in the county and judicial district where the child lives, your full name as petitioner, and the child’s initials rather than full name. Leave the case number blank; the clerk assigns it. In Section A, enter your full name and current address, add a second petitioner if one is filing with you, confirm that you are providing adequate care, and check whether you have a Guardianship Assistance Agreement with CYFD.

Child Information

Complete a separate Section B for each child. Enter the child’s name, address, place and year of birth. State whether you are related and how; if not related, describe the connection, such as longtime family friend or godparent. If the child is 14 or older, state whether the child wants you as guardian. Indicate whether the child is a Native American child under the federal Indian Child Welfare Act, and if so, identify the tribe and describe any contacts you have made with tribal officials.²

Parent Information

List each parent as a respondent with full name, whether living or deceased, and last known address. For each parent, choose one path: state that the parent consents to the guardianship, or explain why the parent is unable or unwilling to provide adequate care. If you rely on consent, that parent completes a separate Form 4A-505. Vague statements like “not around” give a judge nothing to act on; be specific.

Facts Supporting the Guardianship

For each non-consenting parent, answer whether the child has lived with you, without that parent in the home, for at least 90 consecutive days immediately before filing.³ Describe how the child came into your care, what daily life looks like, and why the guardianship serves the child’s best interests. Concrete dates and events are what carry weight. Disclose any pending custody, guardianship, or CYFD matter involving the child, and state that you accept the duties of guardianship.² The petition is signed under oath, so sign it before a notary or in the clerk’s presence.

If a Parent Consents

A parent who agrees to the guardianship fills out Form 4A-505 NMRA. The parent selects whether they consent to a temporary guardianship of up to 180 days or to a permanent guardianship, and acknowledges that the guardian will have authority over visitation and decisions about health, education, and welfare unless the court orders otherwise.⁶ The parent signs before a notary. A signed consent also waives that parent’s right to formal service of process, which speeds up the next step. Consent can be withdrawn at any time before the court enters a final order; if that happens, you fall back on the other statutory grounds.

Filing and Fees

Take the original forms plus three copies to the district court clerk in the county where the child lives. The clerk stamps everything, keeps the originals, and hands back your copies. Fees vary by district: the First Judicial District (Santa Fe area) lists the kinship guardianship filing fee at $5, and the Second Judicial District (Bernalillo County) charges $137.⁷⁸ Call your local clerk to confirm the amount.

If you cannot afford the fee, submit Form 4-222, the Application for Free Process and Affidavit of Indigency, at the same time. You report income, assets, and debts under oath, and a judge decides whether to waive or reduce the fees.⁹ The court can revoke a waiver later if the application turns out to contain false information.

Serving the Papers

After filing, arrange for each parent to receive a copy of the stamped petition, summons, and any motions. You cannot hand the papers to the parents yourself. Use a private process server or a sheriff’s deputy.⁴ Service also has to reach the child if the child is 14 or older, anyone with court-ordered custody or visitation, and CYFD if a child welfare matter is pending. For a Native American child, the appropriate tribe and any Indian custodian must also receive notice under the federal Indian Child Welfare Act.¹⁰ The person who delivers the papers files proof of service with the court. Without that proof on file, the judge will not set a hearing.

How the Temporary Motion Gets Decided

Form 4A-509 asks the court to appoint you as temporary guardian while the main case is pending, so you can authorize medical care, enroll the child in school, and make the everyday decisions that parenting requires. The order lasts up to 180 days or until the court rules on the permanent case, whichever comes first.¹

There are two ways a judge can grant the motion:

Ex parte, without a hearing. If you show good cause, the judge can sign the temporary order before the parents respond. You then have to immediately serve the ex parte order on everyone entitled to service. If a parent objects, the court schedules a hearing within 10 days of that objection.
On notice, with a hearing. If the court does not grant the motion ex parte, it sets a hearing within 20 days of the filing date. You serve the motion and the hearing notice on all parties beforehand.

Good cause is a fact question. The stronger and more specific your Section D facts, the better the odds the judge signs the temporary order the same day you file.

The Full Hearing

Whether or not a temporary order is in place, the court eventually holds a full hearing on the permanent petition. The judge verifies that you are qualified to petition, that venue is correct, that all required notices went out, and that appointment is in the child’s best interests.³ If a parent appears and objects, the court must appoint a guardian ad litem to represent the child’s interests independently; the court can also appoint one on its own even without an objection.¹¹

Be ready to testify about your relationship with the child, how long the child has lived with you, what your daily care looks like, and why the parents are not providing care. Bring documents that back you up: school records, medical records, statements from teachers or counselors. If the judge grants the petition, the court signs Form 4A-511 (Order Appointing Guardian). Get a certified copy from the clerk. Schools, hospitals, and insurance companies must accept it as proof of your authority.⁵

What Your Authority Covers

Once appointed, a kinship guardian holds the same legal rights and duties as a parent, with two limits: you cannot consent to the child’s adoption, and you cannot exercise any parental rights the court specifically reserved to a parent.⁵ Unless the order says otherwise, you also control visitation between the child and a parent. The guardianship does not terminate parental rights permanently; a parent can later petition to revoke it if circumstances change. Think of it as a suspension of parental authority rather than a permanent transfer.

1
Justia. New Mexico Code 40-10B-7 – Temporary Guardianship Pending Hearing
2
Justia. New Mexico Code 40-10B-5 – Petition Who May File Contents
3
Justia. New Mexico Code 40-10B-8 – Hearing Elements
4
New Mexico Courts. Kinship Guardianship and the New Mexico Kinship Guardianship Act
5
Justia. New Mexico Code 40-10B-13 – Rights and Duties of Guardian
6
New Mexico Courts. 4A-505 NMRA – Parental Consent to Appointment of Kinship Guardian and Waiver of Service of Process
7
First Judicial District. Fees, Costs and Filing
8
Second Judicial District Court. Kinship Guardianship Procedure
9
New Mexico Courts. 4-222 Application for Free Process and Affidavit of Indigency
10
Native American Rights Fund. New Mexico Code 40-10B-6 – Service of Petition Notice Parties
11
Justia. New Mexico Code 40-10B-9 – Guardian Ad Litem