Legal Question in Family Law in New Mexico

if a child is in foster care, can the parents sign over parental rights to another family member, and that family member get the child?


Asked on 3/16/10, 2:23 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

It's a tricky question. I assume that the child is in the custody of the Children Youth and Families Department CYFD and they have placed the child in foster care. Generally the CYFD has gotten custody. They will be looking for a permanent home, either by returning child to parents if possible (CYFD's preferred option) or a relative or adoption or other option. The thing to do is have the relative contact CYFD and offer to take the child. The relative may be able to get a kinship guardianship, or be qualified as a foster home, or adopt the child, but it will take some kind of curtailment of the parent's rights and CYFD agreeing to give up their custody as well.

CYFD can be a nightmare so deal with them carefully.

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Answered on 3/22/10, 2:48 pm


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