Do grandparents with visitation rights get certain notifications?

As many divorcing couples have experienced, the process to end a marriage often includes or impacts more than just the spouses dissolving their union. If the couple has children, they are impacted during and after the divorce and child custody process. Moreover, the parents of the spouses might experience negative effects because of their child’s divorce, such as constrained access to their grandchildren. If a grandparent invokes their grandparents’ rights and has gained visitation privileges, it is important that they are also aware of their rights to be notified about certain changes or decisions in the future regarding their grandchildren.

What are required notifications for grandparents with visitation privileges in New Mexico? When a grandparent is granted visitation privileges with respect to the provisions of the Grandparent’s Visitation Privileges Act and the custodian of their grandchild or grandchildren intends to depart from the state of New Mexico or relocate within the state, a notice must be sent to the grandparents.

According to New Mexico law, the custodial parent of the child must notify the grandparent’s of his or her intent to change the domicile of the child. This notification must occur at least five days prior to the child’s intended change of domicile. In addition, the new address and telephone number of the minor child must be provided to grandparents with visitation privileges. Lastly, the custodial parent must afford the grandparent the opportunity to communicate with their grandchild or grandchildren.

Although the change of a child’s domicile could greatly impact the grandparents of the child, it is important that everyone involved understand their rights, options and requirements under state law. If a grandparent believes their rights are not being upheld, they might have the opportunity to take action. Grandparents should learn more about their rights so they can take timely and appropriate action to protect and preserve them.

Source:, “§ 40-9-4. Change of child’s domicile; notice to grandparent,” accessed May 17, 2015

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