New Mexico Territorial Laws and Treaties NM TERR LAWS KEARNY CODE GUARD § 1

In all cases not otherwise provided for by law, the father, while living, and after his death, and when there shall be no lawful father, then the mother, if living, shall be the natural guardian of the children, and have the custody and care of their persons, education and estates, and when such estate is not denied from the parent acting as guardian, such parent shall give security and account as other guardians.