Farmington, NM asked in Family Law for New Mexico

Q: Do paternal grandparents have a right to see their grandchildren? How would we petition the court for visitations?

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1 Lawyer Answer
Gary William Boyle
Gary William Boyle
  • Santa Fe, NM
  • Licensed in New Mexico

A: Grandparents rights are defined in NMSA Section 40-9-2. Those rights depend on a variety of factors including whether the parents are living or deceased, the age of the grandchildren and whether they have resided with the grandparents, and a series of factors aimed at determining what sort of visitation is best for the children including things like the relationship between the grandparents and the parents and the relationship between the grandparents and the grandchildren.

The Court's decision will be based not on the rights of the grandparents but rather on what is best for the children. You can raise the issue by filing a Petition in the District Court where the children are located asking the Court to grant you rights to visitation with your grandchildren.

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