N.M. Stat. » N.M. Stat. / Chapter 40 / Article 10B
New Mexico Statutes

N.M. Stat. § 40-10B-1 (2026)

Short title.

✓ current as of May 2026
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Chapter 40, Article 10B NMSA 1978 may be cited as the "Kinship Guardianship Act".

History: Laws 2001, ch. 167, § 1; 2020, ch. 51, § 1.

                                    ANNOTATIONS

Cross references. — For forms approved for use in Kinship Guardianship proceedings,
see Civil Forms 4A-501 to 4A-513 NMRA.

Compiler's notes. — The Kinship Guardianship Act, codified as 40-10B-1 to 40-10B-15
NMSA 1978, was originally drafted and enacted to be Chapter 45, Article 5 NMSA 1978,
but it was recompiled to Chapter 40 NMSA 1978, as the latter seems a more
appropriate placement.

The 2020 amendment, effective May 20, 2020, changed "This act" to "Chapter 40,
Article 10B NMSA 1978".
Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 2008–2024 · leading case: Debbie L. v. Galadriel R., 201 P.3d 169 (N.M. Ct. App. 2008).
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Debbie L. v. Galadriel R., 201 P.3d 169 (N.M. Ct. App. 2008). · cites it 4× “eriod of her young life, forming a stable parent-child bond with Petitioners; later, Mother, asserting that she is now willing and able to care for Child, demands that Petitioners immediately return Child to her; Petitioners refuse to return Child and institute legal proceedings…”
State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). · cites it 2× “The children’s court granted CYFD’s motion to dismiss Guardian without revoking the kinship guardianship in accordance with the revocation procedures set forth under the Kinship Guardianship Act (KGA), NMSA 1978, §§ 40-10B-1 to -15 (2001). The Court of Appeals reversed the…”
Freedom C. v. Brian D., 2012 NMSC 17 (N.M. 2012). · cites it 2× “(Grandparents) filed a petition for guardianship and custody pursuant to the Kinship Guardianship Act (the Act), NMSA 1978, §§ 40-10B-1 to -15 (2001). Julie Ann D.”
D.W. v. B.C., 2022 NMCA 006 (N.M. Ct. App. 2021). “(Child), pursuant to the New Mexico Kinship Guardianship Act, NMSA 1978, Sections 40-10B-1 to -15 (2001, as amended through 2015) (the Act).”
State ex rel. Child., Youth & Families Dep't v. Djamila B., 2014 NMCA 045 (N.M. Ct. App. 2014). · cites it 2× “{1} In this case of first impression, we hold that a kinship guardian (Guardian), under the Kinship Guardianship Act (the KGA), NMSA 1978, §§ 40-10B-1 to -15 (2001), who is named as a respondent in the abuse and neglect proceeding, is a necessary and indispensable party in the…”
Stanley J. v. Cliff L., 2014 NMCA 029 (N.M. Ct. App. 2014). · cites it 2× “(Children), pursuant to the Kinship Guardianship Act (the KGA or the Act), NMSA 1978, §§ 40-10B-1 to -15 (2001). The district court concluded that, although Father was at all times fit, willing, and able to care for Children, extraordinary circumstances justified awarding the…”
Freedom C. v. Julie Ann D., 252 P.3d 812 (N.M. Ct. App. 2011). · cites it 2× “(Grandparents), pursuant to the Kinship Guardianship Act (the Act), NMSA 1978, §§ 40-10B-1 to -15 (2001). Father complains that the district court erred in applying the Act in what was a custody battle between Mother and Father, when Mother lived with Grandparents, Mother alone…”
State ex rel. CYFD v. Djamila B., 2014 NMCA 45 (N.M. Ct. App. 2014). · cites it 2× “{1} In this case of first impression, we hold that a kinship guardian (Guardian), under the Kinship Guardianship Act (the KGA), NMSA 1978, §§ 40-10B-1 to -15 (2001), who is named as a respondent in the abuse and neglect proceeding, is a necessary and indispensable party in the…”
Stanley J. v. Cliff L., 2014 NMCA 29 (N.M. Ct. App. 2013). · cites it 2× “(Children), pursuant to the Kinship Guardianship Act (the KGA or the Act), NMSA 1978, §§ 40-10B-1 to -15 (2001). The district court concluded that, although Father was at all times fit, willing, and able to care for Children, extraordinary circumstances justified awarding the…”
Powell v. Powell-Worley (N.M. Ct. App. 2021). · cites it 3× “DISCUSSION {4} Appellant makes the following six arguments related to each of the underlying cases: (1) the district court violated Appellant’s due process rights when it failed to give Appellant proper notice of the July 25, 2019, hearing; (2) the district court failed to…”
Flores v. McLain (N.M. Ct. App. 2024). · cites it 2× “While the 6 GVPA proceeding was pending, a no-contact order (the original no-contact order) 7 that had been issued in a separate proceeding under the Kinship Guardianship Act 8 (the KGA), NMSA 1978, §§ 40-10B-1 to -15 (2001, as amended through 2023), was 9 clarified to prohibit…”
Philbert P. v. Douglas P. (N.M. Ct. App. 2020). · cites it 2× “(Child), his then eleven-year-old nephew, appeals an order denying his petition for kinship guardianship of, Child, pursuant to NMSA 1978, Section 40-10B-8(B)(3) (2015) of the Kinship Guardianship Act (the KGA), NMSA 1978, §§ 40-10B-1 to -15 (2001, as amended through 2015).”
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