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Protecting the visitation rights of grandparents

A divorce involving children often means taking into consideration the needs and best interests of the children involved. In many cases extended family members are also impacted and must be involved. With regard to the visitation of grandchildren by grandparents, many states, including New Mexico, recognize the rights afforded to grandparents regarding visitation and even custody of grandchildren. Because of this, some grandparents may have to invoke or act on these rights to better meet the needs of their grandchild.

Our law firm understands that it can be a difficult situation when a divorcing or divorced parent prevents grandparents from spending time with their grandchildren during or after the divorce process. Because divorce can be very complex and messy, it often extends to those that are not primary parties to dissolution. However, grandparents should understand that they do have the ability and opportunity to file an action for visitation.

Because grandparents may not be fully versed on their rights, it is important to seek out guidance to better understand what actions could be taken. Our attorneys are experienced in the applicable laws and actions, and they have helped past clients successfully obtain visitation awards.

There are numerous factors to consider when seeking a visitation agreement, and courts will often consider the role of the grandparent and the best interests of the child or children involved. Additionally, courts will also consider the relationship between the grandparents and child and the current relationship between the grandparents and the parents of the child. Furthermore, courts will consider if there are any visitation agreements currently in place. Courts also consider whether there is a history of physical, emotional or sexual abuse or neglect by the grandparent, and whether the grandparent has been the child's full-time caregiver for a significant length of time.

Depending on the situation, litigating the case and obtaining a visitation award through family court might be the best option. However, grandparents and divorced parents should also consider other options such as mediation. No matter how the visitation issues are resolved, it is important that all parties are well informed of their rights and options. To learn more, check out our law firm's grandparents' rights overview. This could provide general information, helping grandparents make informed decisions.

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