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Grandparent’s rights in New Mexico – Is there an alternative to obtain visiting rights without going to court?
The only enforceable solution to assure the grandparent’s rights are met is to get a court order. On a positive note, most courts will refer the grandparents and parents to a mediator once a petition has been filed. Mediators will work with both parties to find a sensible solution for a visitation agreements. A professional mediator can excel in saving both parties money, time and stress.
What happens to the grandparent’s rights if the parent loses his or her custody rights?
As long as it is in the best interest of the child a grandparent will keep the same visitation rights they had prior to the parent’s separation or divorce. And even if both parents have lost custody rights, the grandparents still retain what they had before even if the child is later adopted by another relative, a step-parent, a court or will designated care taker.
Only if the child is adopted by someone else, are the grandparent’s rights terminated.
Once the courts have granted rights to a grandparent, what happens if the parents do not follow the order?
The grandparents must return to the court to get the order enforced. If the parents relocate out of state they are required to give at least 5 days’ notice to the grandparents, provide the grandparents with the chance to talk to the child and the new contact information.
PJ Hartman is an attorney in Albuquerque. She practices exclusively in the area of New Mexico divorce and family law, and is a board-certified family law specialist.* Over her 15 years of experience, she has dealt with all types of domestic relations disputes, and has built a strong track record for helping people reach effective solutions that protect their best interests now and into the future.
If you have questions regarding a family matters? Do not hesitate to contact her office online or by calling 505-247-3335 or 505-247-3335. Credit cards are accepted, and attorneys’ fees are competitive. The office is conveniently located right off of I-40 in downtown Albuquerque, near the courthouse.