What are the legal rights of a child in a guardianship or adoption case?

In New Mexico, a child has certain legal rights in a guardianship or adoption case. The court must allow the child to be heard if they are old enough to express their wishes and to be informed of any hearing that is taking place regarding their guardianship or adoption. The child must also be present in the court during the guardianship or adoption hearing, and the court must consider the child’s opinion and best interests before making a decision. The rights of the child during the guardianship hearing include being informed of their rights, having their wishes taken into account, and being represented by a court-appointed attorney. The court must also appoint a court investigator to look into the appropriateness of the proposed guardianship and may also appoint a Guardian ad Litem to make sure the child’s best interests are being taken into account. For an adoption case, the court must make sure that the proposed adoption is in the best interests of the child as well as ensure that parental consent has been obtained. The court must also make sure that the prospective adoptive parents meet certain criteria and that the child’s rights are being respected. The child also has a right to be heard during the adoption process. Regardless of the outcome of the case, the court must ensure that the child is safe and their rights are respected. If the court finds that the proposed guardianship or adoption is not in the best interests of the child, the court must try and make sure that the child is in a safe and supportive home environment.

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