A.Scope. Rules 1-150 to 1-156 NMRA apply to all kinship guardianship petitions. A petition about a child with at least one living parent shall be governed by the Domestic Relations Code. Kinship guardianship matters involving the Children, Youth and Families Department as a party may be assigned to the family court division or the children’s court division at the discretion of the chief judge of the district, or under local rule. A local rule shall be created to address reassignment of kinship guardianship cases, when necessary.
B.Forms. Self-represented litigants must use Forms 4A-501 through 4A-513 NMRA in all cases under the Kinship Guardianship Act, Sections 40-10B-1 to -15 NMSA 1978. Attorneys shall file pleadings that are consistent with both court rules and forms.
End
Rule History
[Adopted by Supreme Court Order No. 22-8300-020, effective for all cases pending or filed on or after December 31, 2022.]
Plain-English Summary
This rule opens the kinship guardianship chapter. Rules 1-150 to 1-156 apply to all kinship guardianship petitions; a petition about a child with at least one living parent is governed by the Domestic Relations Code, and cases involving the Children, Youth and Families Department may be assigned to the family or children’s court division at the chief judge’s discretion or by local rule.
Self-represented litigants must use Forms 4A-501 through 4A-513 in all cases under the Kinship Guardianship Act, and attorneys must file pleadings consistent with both the rules and the forms.
Frequently Asked Questions
What do the kinship guardianship rules cover?
All kinship guardianship petitions under the Kinship Guardianship Act. Self-represented litigants must use the approved forms (4A-501 through 4A-513).
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-150 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:kinship guardianshipKinship Guardianship Actkinship guardianship formsscope