Atkinson & Kelsey, P.A.
Local:505-796-6238 Toll-Free:888-350-5903
Map & Directions Menu

Grandparents' Rights Archives

Bill addressing grandparent custody introduced

For a variety of reasons, there are many grandparents in Albuquerque and nationwide who are raising their grandchildren. In fact, according to one source grandparents are caring for around 2.6 million children in our nation. While sometimes this is done when both of the child's parents passed away before the child is grown, other times it is done because the child's parents are unfit to care for the child. For example, grandparent custody may be the best choice if the child's parents are addicted to drugs. Opioids and heroin in particular are two drugs which are seeing an upsurge in use across the nation. Moreover, two out of every five children currently being cared for by foster parents were taken out of their homes because their parents were abusing drugs.

Grandparents' rights benefit both grandparents and children

For most grandparents in Albuquerque, their grandchildren are a source of pride and joy. They love their grandchildren with all their heart and naturally want to spend as much time with them as possible. However, this precious time can be cut off if the child's parents divorce. Sometimes, during a messy divorce, one parent will try to keep his or her ex's parents from seeing the child. This can have a detrimental effect on both the child and the grandparents. This is why, over the past few decades, grandparents' rights have been granted by courts in certain situations.

Determining what a grandparent's visitation rights should be

The bond between grandparents and their grandchild can be significant. Grandparents in New Mexico get to enjoy seeing their grandchildren grow, just as they saw their own children grow, and grandchildren benefit from the wisdom and love their grandparents pass on to them. However, there are times where grandparents are kept from seeing their grandchild, such as in the event of a nasty divorce. When this happens, grandparents may want to petition the court for visitation rights.

Requirements needed to award grandparent visitation and custody

When a divorce involves children, it is common for divorcing parents in New Mexico to disagree of potential custody arrangements. Having his or her time with his or her child constrained, defined and outlined is a major event; an event that is often difficult to come to terms with. The complexities of a custody matter can unfortunately impact those beyond the parents and children involved.

Helping New Mexico grandparents protect their visitation rights

When parents decide to divorce, they may not consider that this major event will impact more than just themselves and their children. However, extended family member often feel the emotional upset of divorce. And in some unfortunate cases, some grandparents suffer serious turmoil when they feel as though they have lost access to their grandchildren. In these matters, there could be a foundation for grandparents' rights, and grandparents could invoke these rights to establish visitation or even custody rights of their grandchildren.

What requirements are needed to award grandparents' rights?

Divorce can often bring the worst out of someone. But for others, it can bring out their strengths. For the grandparents of divorcing parents, it can cause many emotions to stir up when the complexities of the process also impact them. While most grandparents do not seek to strip their child of their parental rights, there are some situations that might cause individuals in New Mexico and elsewhere to invoke their grandparents' rights.

Protecting the visitation privileges of grandparents

As a previous post discussed, divorce can impact more than just the spouses and children involved. The parents of the spouses could be negatively impacted due to the divorce process limiting people's access to their grandchildren. Moreover, grandparents could face adverse outcomes if a spouse seeks to retaliate against the person's former spouse by denying the former spouse's parents access or time with grandchildren. Because certain grandparents' rights are afforded to grandparents in New Mexico and elsewhere, it is important to understand how to invoke these rights and how they enforce any rights provided by the court.

Helping to protect your relationship with your grandchildren

Parents in New Mexico understand how rewarding a relationship between their own parents and their children can be. Grandparents can add much value to the life of their grandchildren, and for some children grandparents can play a major role in life. While this may be true, certain life events could disrupt even the strongest bond between a grandchild and grandparent. When parents divorce, grandparents can often feel underappreciated or even ignored during and after the process.

Ways that adoptions could impact grandparent visitation rights

During a divorce, many serious, life-impacting decisions are made. For those with children, custody agreements are based on the needs of the child, the child's best interest and a parent's ability to provide adequate care and upbringing. If one parent does not live within the same state as the other parent, is unfit to care for the child or displays other factors that impact the ability to parent, it might be possible for another adult to step in to care for the child. While it is common for another family member to step forward, such as a grandparent since they are already provided grandparents' rights, it could be possible for someone else to adopt the child.