New Mexico Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted as a part of or subsequent to a judgment of dissolution of the parent’s marriage, legal separation, or paternity; if one of the parents is deceased; if the child resided with the grandparent for at least three months and the child was less than six years of age at the beginning of the three month period and was subsequently removed from the grandparent’s home; or if the child has resided with the grandparent for a period of at least six months when the child is over the age of six at the beginning of the six month period and the child was subsequently removed from the grandparent’s home. Court must consider statutory provisions relating to the best interest of the child. Chapter 40, Section 40-9-1 (N.M.S.A. §40-9-1).

When Adoption Occurs: Grandparents may obtain visitation after adoption by a stepparent, a relative of the grandchild, a person designated to care for the grandchild in the provisions of a deceased parent’s will, or a person who sponsored the grandchild at a baptism or confirmation conducted by a recognized religious organization.

Child Custody Statutes: Best interest of the child, considering the following factors: (1) wishes of parties; (2) wishes of child; (3) interaction and interrelationship between the child and parties, siblings and other significant persons; (4) child’s adjustment to home, school and community; and (5) mental and physical condition of all persons involved. Other factors are also listed in considering joint custody between parents. N.M.S.A. §40-4-9 et seq.

Parents May Choose: Yes

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