Section 40-10B-11 – Nomination objection by child

May 17, 2021 | Family Law, New Mexico

In a proceeding for appointment of a guardian pursuant to the Kinship Guardianship Act:

A. the court shall appoint a person nominated by a child who has reached his fourteenth birthday unless the court finds the nomination contrary to the best interests of the child; and
B. the court shall not appoint a person as guardian if a child who has reached his fourteenth birthday files a written objection in the proceeding before the person accepts appointment as guardian.

NMS § 40-10B-11

Laws 2001, ch. 167, § 11.