New Mexico Statutes 40-10B-12. Revocation of guardianship
A. Any person, including a child who has reached the age of fourteen, may move for revocation of a guardianship created pursuant to the Kinship Guardianship Act. The person requesting revocation shall attach to the motion a transition plan proposed to facilitate the reintegration of the child into the home of a parent or a new guardian. A transition plan shall take into consideration the child’s age, development and any bond with the guardian.
Terms Used In New Mexico Statutes 40-10B-12
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
B. If the court finds that a preponderance of the evidence proves a change in circumstances and the revocation is in the best interests of the child, it shall grant the motion and:
(1) adopt a transition plan proposed by a party or the guardian ad litem; (2) propose and adopt its own transition plan; or
(3) order the parties to develop a transition plan by consensus if they will agree to do so.