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Rule 1-152.Mandatory and discretionary appointment of guardian ad litem; powers and duties of the guardian ad litem; payment

Last verified June 26, 2026

In one sentenceRule 1-152 sets when a guardian ad litem must or may be appointed in a kinship guardianship case and the GAL’s investigation, reporting duties, and payment.

Full Text of Rule 1-152

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A. Mandatory appointment. The court shall appoint a guardian ad litem when the following are met:
(1) a parent of the child is participating in the proceedings and objects to the petition to appoint a kinship guardian; or
(2) a parent of the child is petitioning for revocation of an established guardianship created under the Kinship Guardianship Act and the guardian objects to the revocation.
B. Discretionary appointment. The court may appoint a guardian ad litem for the child on the motion of a party or solely in the court’s discretion.
C. Powers and duties. The order of appointment shall be substantially in the form adopted by the Supreme Court. See Form 4A-515 NMRA. A guardian ad litem appointed by the court in these proceedings shall
(1) in connection with a petition to establish a kinship guardianship
(a) make a diligent investigation of the circumstances surrounding the petition, including visiting the child in the home, interviewing the person proposed as guardian, and interviewing the parents of the child, if available;
(b) report to the court about the best interests of the child and the child’s position on the requested relief; and
(c) recommend an appropriate transition plan if the child is residing with the petitioner and the petition for kinship guardianship is not granted.
(2) in connection with a petition or motion for revocation of a guardianship
(a) report to the court about the best interests of the child and the child’s position on the requested relief; and
(b) recommend an appropriate transition plan if the guardianship is revoked.
D. Payment. The court may order all or some of the parties to pay a reasonable fee for a guardian ad litem. If all of the parties are indigent, the court may award a reasonable fee to the guardian ad litem to be paid out of funds of the court.
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.]

Committee Commentary

See Administrative Office of the Courts Court-Appointed Attorneys Payments Guidelines.

[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 provides for a child’s representative in contested kinship cases. The court must appoint a guardian ad litem when a participating parent objects to the kinship guardianship petition, or when a parent petitions to revoke an established kinship guardianship and the guardian objects. The court may also appoint a guardian ad litem on a party’s motion or its own discretion.

The guardian ad litem investigates the circumstances—visiting the child’s home and interviewing the proposed guardian and the parents where available—reports to the court on the child’s best interests and position, and recommends a transition plan if a petition is denied while the child is living with the petitioner, or if a guardianship is revoked. The court may order the parties to pay a reasonable GAL fee, or pay it from court funds if all parties are indigent.

Frequently Asked Questions

When must a guardian ad litem be appointed in a kinship guardianship case?

When a participating parent objects to the petition, or when a parent petitions to revoke an established kinship guardianship and the guardian objects. The court may also appoint one in its discretion.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-152 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: guardian ad litemkinship guardianship GALbest interestsGAL payment