Invoking grandparents’ rights during dissolution

Divorce can bring about various disputes for New Mexico parents going through the process. Moreover, even when a settlement has long been reached, parents could still endure family law issues regarding child custody and visitation. While it is common for parents to seek various forms of custody for their children or to modify their current arrangement, it is also common for other important people in the child’s life to step in and fight for visitation.

Fighting for grandparents’ rights is a growing trend for the parents of those getting divorced or have finalized their dissolution. Just like a parent who seeks to invoke their parental rights, most states now allow rights to other important people in the child’s life. Grandparents are able to request visitation with their grandchildren post-divorce.

In some cases, a grandparent could petition the court to have visitation rights granted to them. This could lead to some issues for the divorced parents, especially if a messy divorced caused some animosity with their ex’s parents. In these matters, judges will use the best interests test. So long as the grandparent can demonstrate that visitation is in their grandchild’s best interests, the grandparents could be granted visitation rights.

The complexities of divorce can often expand when more people are involved. They could also be prolonged, if additional issues, such as custody or visitation are challenged. Those seeking to invoke visitation rights should ensure that they are knowledgeable about the situation, as well as their options. When it comes to seeking the fulfillment of grandparents’ rights, it is important that the needs and interest of the children involved are focused on and are the purpose for seeking visitation rights.

Source: Los Angeles Times, “For Divorced Parents: Know Your Child Custody and Visitation Rights,” June 25, 2014

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