Grandparents Rights: New Mexico Child Custody and Visitation Law

Grandparents Custody Rights in New MexicoA grandchild-grandparent relationship is among the most meaningful and strongest family ties. What happens if someone wants to break this relationship? Under the child custody laws of New Mexico, a grandparent could file for custody or visitation rights but only under limited and specific conditions.

Grandparents Rights in New Mexico

Child custody refers to the legal right to make critical decisions, such as religion, healthcare, schooling, and the right to care for the child on a daily basis. Visitation rights, on the other hand, refer to the legal right to spend some quality time with the child — often subject to specific conditions. While the law grants grandparents the right to request for visitation or custody, a judge would only consider awarding such if it’s in the best interests of the child.

Can Grandparents Win Custody?

A judge could award custody to grandparents if they assume or has assumed the role of a parent in the life of the child, like when the child mainly lives or have lived with the grandparent for a certain time. Grandparents could seek child custody in the unfortunate event that the child's parents die. They could also request for custody even if the parents are still alive, but are incapable of properly caring for the child — usually related to drug abuse, alcohol addiction, or domestic violence.

Visitation rights come with stringent preconditions. Grandparents could only ask for visitation rights if one of the parents die, is unmarried, or unmarried at the birth of the child.

Legal Help for Grandparents

Note that simply satisfying the minimum prerequisites won’t guarantee visitation custody success. Child custody lawyers in Albuquerque back this up because although the focus of the court is the child’s best interests, they’re likewise respectful of the legal parents’ wishes unless they see undeniable reasons to oppose.

Grandparents wishing to get full custody of their grandchild or at least legally enforce their visitation rights should get legal aid from child custody attorneys. While satisfying the requirements to request for visitation or custody is only a step in the right direction, grandparents will also have to build a compelling case to sway the judge’s decision in their favor.