If you are a grandparent and are not being permitted to spend time with one or more of grandchildren in New Mexico, it is important to understand that it may be possible for the courts to order that you be given that privilege. However, there are numerous factors that will be considered, and the most important aspect that the courts are likely to take into consideration is the welfare of the children. If you are tired of being denied access to your grandkids, it is a good idea to be aware of the following information.
#1-You Can Ask For Court-ordered Visitation During Or After The Parents Filed For A Legal Separation, Divorce Or Paternity Determination
If your adult child and his or her spouse have recently filed an application for divorce or for a legal separation, it is essential for you to ask for visitation rights as soon as possible. The same is true if the paternity of your grandchild has only recently become determined. In addition, if one or both of the parents of the children in question have passed away, any of the grandparents have the right to ask the court to be allowed scheduled visits with the kids.
However, your time with your grandchildren will be limited and cannot interfere with:
The education of the children
Pre-existing visitation arrangements
Time-sharing privileges that are already in place
#2-The Amount Of Time Spent With The Children May Matter
If your grandchild is five years of age or less and has lived you for at least three consecutive months of his or her life, you are likely to have a good chance at winning visitation with them. If the child or children are six years of age or older and have lived with you for at least six or more consecutive months, the same is also true.
If the court awards you visitation that is later denied by the child's legal guardian or parent, you can elect to return to court and ask to be compensated for your legal costs.
#3-Visitation Is Not An Absolute
It is crucial to understand that the state of New Mexico gives you the right to ask for visitation, but as previously mentioned, it does not mean that you will absolutely get it. Many factors will be considered by the court, such as your existing relationship with the child and the parents of the child, any criminal record you may have and how the situation can impact the child. Your best option will be to speak with an experienced attorney and determine what the appropriate first steps will be and how likely it is that you will be granted visitation.
In conclusion, it is not always easy to maintain a consistent relationship with your grandchildren. However, New Mexico is a very liberal state and recognizes the positive impact on a child's life that grandparents can often provide. For more information, contact an attorney that specializes in visitation rights.