Grandparents play a critical role in the lives of many children frequently serving as a primary caretaker who is at least involved and sometime more involved in the care of minor children than a parent or parents. When a close grandparent-grandchild relationship has been nurtured during a period when the child actually resided with the grandparent, the emotional impact of the disruption of this close family bond can be devastating for both the child and the grandparent. Our experienced New Mexico Grandparents Rights Attorneys understand the importance of maintaining a child’s relationship with grandparents so we work diligently to enhance meaningful contact between children and their grandparents.
While New Mexico family law judges can award grandparent visitation, there are many aspects of the governing statute and care law that are counter-intuitive for most people. However, as a practical matter, where there is a close relationship between the child and the grandparent because the child has resided with the grandparent as the child’s primary caretaker for an extended period and it is in the best interest of the child to maintain visitation with the Grandparents, a legal analysis is critically important.
As part of our ancillary to litigation, our New Mexico Grandparents Visitation Lawyers frequently pursue negotiated agreements with the parent. We have had a great deal of success on behalf of grandparents when attempting to negotiate visitation for a grandparent.
If an agreement cannot be reached the family law judge will consider a number of factors when weighing whether to grant grandparent visitation that include:
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Existing visitation arrangements when the request is made
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Whether the grandparent has served as a full-time caregiver for the child
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Nature of the grandparent-child relationship
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The grandparent’s relationship with each parent
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
Although the court will consider these factors, it is important to consult an experienced New Mexico Grandparent Rights Attorney if the parent is objecting to visitation. The New Mexico grandparent visitation law firm of Jay Goodman and Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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