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Protecting grandparents' rights during divorce

For many divorcing parents, visitation and custody decisions focus on when each parent will spend time with the child. And while these divorce issues can evolve into rather complex matters, some divorcing parents might encounter visitation issues that do not involve them but rather their own parents. Because divorce can drastically change the relationship a child has with their grandparents, some grandparents have to take steps to protect and enforce their visitation rights.

At Atkinson & Kelsey, P.A., we help New Mexico grandparents understand the rights afforded to them and ways they could seek visitation rights. Grandparents play an important role in a child's life, and if a divorce has negatively impacted the relationship between a grandparent and a grandchild, he or she may be able to invoke their grandparent's rights.

The best interests of a child are the main factor when determining any type of visitation or custody order. Judges will consider situational factors such as the existing relationship between the grandparents and grandchild, the current relationship between the grandparents and parents, whether any visitation arrangements are currently in place, any history of physical, emotional or sexual abuse or neglect, whether the grandparent has served as the child's full-time caregiver for a significant length of time and other similar factors.

Our attorneys understand that it can be a difficult and emotional time for grandparents seeking to file an action for the visitation of grandchildren or custody of grandchildren. However, our knowledgeable legal team has years of experience helping grandparents negotiate, mediate or litigate a fair result. Our law firm takes the time to understand the end goal of our clients, and we have helped past clients successfully meet their needs.

To learn more, check out our law firm's grandparents' rights overview. Grandparents should understand that they play a significant and crucial role in their grandchild's life. Therefore, they should take steps to protect that relationship and their grandparents' rights.

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