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While grandparent visitation in New Mexico is considered a privilege rather than a right, there are special circumstances in which grandparent’s rights laws permit grandparents to seek visitation in court. Grandparent’s rights in New Mexico typically apply to grandparents who have a strong preexisting relationship with the child prior to the death or divorce of the child’s parents.
In all grandparent’s rights cases, the Court decides visitation based on the best interests of the child. In many cases, grandparent visitation rights will first be referred to a custody mediator or grandparent’s rights attorney who attempts to resolve disputes and work out a visitation agreement. If your case goes to court, a Family Court judge will consider factors like:
If you are a grandparent who would like to continue your relationship with your grandchild after divorce, the family law attorneys at the Gentry Law Firm, can help. Whether it is by joining a divorce proceeding or filing a separate petition for visitation, our attorneys find creative solutions that increase your chance for visitation.
If you were previously left in charge of your grandchild and the child’s parents are unfit, you may be able to present your case for grandparent custody rights in court through a guardianship petition. Similar to visitation rights, a Family Court judge will consider your previous relationship with the child, the death of one of the child’s parents and whether one or both of the child’s parents are unfit. In the latter circumstance, you may be granted temporary custody or guardianship of your grandchild, depending on what is best for the child.
If you are concerned about losing your rights to visitation with your grandchildren, the grandparent’s rights attorneys at the Gentry Law Firm, are ready to discuss solutions. To learn more about grandparent’s rights in New Mexico, contact us to meet during a consultation at our Albuquerque family law office.