N.M. Stat. § 40-10B-14 (2026)

The court appointing a guardian pursuant to the Kinship Guardianship Act retains
continuing jurisdiction of the matter.

History: Laws 2001, ch. 167, § 14.

                                     ANNOTATIONS

Orders for injunctive relief in family matters that provide for continuing
jurisdiction are modifiable. — Where grandmother petitioned for visitation privileges
with her granddaughter under the Grandparent's Visitation Privileges Act (GVPA), 40-9-
1 to 40-9-4 NMSA 1978, and where, while the GVPA proceeding was pending, a no-
contact order that had been issued in a separate proceeding under the Kinship
Guardianship Act (KGA), 40-10B-1 to 40-10B-15 NMSA 1978, was clarified to prohibit
contact between grandmother and the child, and where the district court determined that
the revised no-contact order precluded any contact between grandmother and the child,
and as a result dismissed the GVPA petition for failure to state a claim without receiving
grandmother's evidence, the district court erred in dismissing grandmother's petition as
precluded as a matter of law, because orders for injunctive relief in family matters that
provide for continuing jurisdiction are modifiable, whether for changed circumstances or
some other reason that the injunctive relief should no longer govern the parties'
conduct, and grandmother, in this case, alleged sufficient facts to support a claim for
visitation, and therefore grandmother was entitled to offer evidence to demonstrate that
the petition created a genuine issue of material fact about whether under the current
circumstances, modification of the revised no-contact order was justified and visitation
under the GVPA was appropriate. Flores v. McLain, 2024-NMCA-079.

Courts appointing guardians have concurrent jurisdiction with Children’s Courts.
— Family courts which appoint kinship guardianships have continuing concurrent
jurisdiction with children’s courts presiding over abuse and neglect proceedings, and
therefore petitions to revoke the rights of a kinship guardian may be filed within abuse
and neglect proceedings. State ex rel. Children, Youth & Families Dep’t v. Djamila B.,
2015-NMSC-003.
Where the children’s court judge interpreted continuing jurisdiction to mean exclusive
jurisdiction, the children’s court judge erred in ruling that the court lacked jurisdiction to
revoke the kinship guardianship pursuant to this Act. State ex rel. Children, Youth &
Families Dep’t v. Djamila B., 2015-NMSC-003.