Denver, CO asked in Family Law, Child Custody and Juvenile Law for New Mexico

Q: Perhaps I didn't ask the question properly. My niece has a warrant for burglary in New Mexico. She has an 8 yr old girl

She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?

2 Lawyer Answers

A: The answer to this question is one rooted in NM law, unfortunately. As you would be attempting to assume custody of the child in NM, you will need to consult with a lawyer there regarding a possible emergency petition for temporary custody and guardianship. That said, it is highly unlikely that you would then be able to bring the child back to CO. Which means consulting with a NM is even more important in this case.

Cindy Perusse agrees with this answer

A: Colorado has an informal guardianship procedure whereby a parent can delegate parental control over a minor for a 1 year(?) period. This involves signing a simple form. See if NM has a similar procedure.

Cindy Perusse agrees with this answer

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