No such proceeding
As to the establishment of a minor guardianship, a statute provides, “A person becomes a guardian of a minor by parental appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor protected person.” N.M. Stat. § 45-5-201.
A court is permitted to “appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order.” § 45-5-204.
Accordingly, because there appears to be no method of appointing a guardian for a minor child through the probate code absent a separate proceeding having occurred that terminated parental rights, this development is classified as “No such proceeding.”
To learn more about parents’ right to counsel in termination of parental rights matters in other contexts, please see Legislation, Termination of Parental Rights (State) – Birth Parents and Legislation, Termination of Parental Rights (Private) – Birth Parents.
