Albuquerque Grandparents' Rights Attorney

Like many states, New Mexico law recognizes certain visitation rights of grandparents. If either or both parents die, a grandparent has a good chance of being awarded visitation rights. Grandparents may also request visitation with a grandchild who lived with the grandparent for a length of time.

Grandparent's visitation is often awarded during or following a divorce. As the first and most experienced divorce and family law firm in New Mexico, we understand grandparents' rights.

Grandparent Visitation Attorney Serving Albuquerque, Rio Rancho And All New Mexico

Grandmothers and grandfathers play important roles in the lives of their grandchildren. A divorce between the parents of the grandchildren can put that role in danger.

Courts considering granting visitation to a grandparent will want to know if it is in the child's best interests to give the grandparent visitation. This is far and away the most important question. Other considerations:

  • Is there a strong existing relationship between the grandparent and the child?
  • What is the current relationship between grandparents and parents?
  • Are there already visitation arrangements in place?
  • Does the grandparent have a history of physical, emotional or sexual abuse or neglect?
  • Has the grandparent been the child's full-time caretaker for a significant length of time?

At the law firm of Atkinson & Kelsey, we stand up for the rights of grandparents. We will fight to prevent you from being shut out of your grandchildren's lives.

If the child's parents are alive and healthy and not incarcerated, and the parents are firmly opposed to the grandparent having visitation, their wishes will be honored. In such a situation, there is not much the grandparent can do. One option at this point is mediation, a calm and informal way for family members to hash out differences. Atkinson & Kelsey can provide the mediation environment to negotiate such an agreement.

Child visitation agreements for grandparents are unique. At our law firm, we have the background to create such agreements and we know the steps to take to make them stick. When you choose us to represent you, you can be confident in our ability to get results. Note that being awarded visitation rights does not entitle grandparents to meddle in the child's education.

Grandparent Kinship Guardianship Serving Albuquerque, Santa Fe And New Mexico

One option for many grandparents who have taken on parental roles with their grandchildren is a guardianship. New Mexico has a Kinship Guardianship Law that is relevant to grandparents. The law stipulates that when parents are unable or unwilling to care properly for their child, a child may be raised by family members or kinship caregivers. Atkinson & Kelsey, P.A., has worked with many families to create such legal guardianships. It is not just for grandparents — aunt, uncles and adult siblings are also allowed to form kinship guardianships.


You have the legal right to know your grandchild. Call the Albuquerque grandparents' rights lawyers at Atkinson & Kelsey at 505-796-6238 or write us using this online form.