Like many states, New Mexico recognizes certain visitation rights of grandparents and great-grandparents. If the parents divorce or either or both parents die, a grandparent may be awarded visitation rights. Grandparents may also request visitation with a grandchild who lived with the grandparent for a length of time.

Grandparent visitation may be awarded during or following a divorce. As the first and most experienced family law firm in New Mexico, we understand grandparents’ rights.

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

Courts considering grandaprent visitation must consider the child’s best interests. This is the most important question. Other statutory considerations include:

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

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. 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. If mediation fails, we can take your issue to court.


Grandparents who have taken on parental roles with their grandchildren may qualify to pursue a kinship guardianship under New Mexico law. Under the statutes, 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 become kinship guardians.

You have the legal right to know your grandchild. Call the Albuquerque grandparents’ rights lawyers at Atkinson & Kelsey at 505-883-3070 or write us using this online form.