Attorney
Grandfathers must have an old coffee can of nails, screws, nuts, and bolts in their home. Having the right parts to piddle around the house is an important part of being a grandfather — as is the ability to play catch and give bear hugs.
Grandmothers must also have the ability to give great hugs. But instead of collecting old nails, they must hoard buttons in an old cookie tin.
These rules of grandparenting aren’t codified in the New Mexico statutes, but that’s not really surprising considering there are very few laws on the books that concern grandparents.
This can be frustrating when divorce or tragedy reshapes a family, and grandparents find themselves cut off from the grandchildren they love so dearly. In these situations, Attorney Bob Matteucci can step in and help grandparents seek visitation — whether through informal negotiations, mediation, or, if necessary, a court order.
When Can Grandparents Seek Visitation?
Grandparents do not have the right to spend time with their grandchildren whenever they wish. The ability to decide how much time — if any — a grandchild spends with their grandparents lies with the child’s parents.
Because parents have the power to shape the grandchild-grandparent relationship, these cases can often be resolved without going to court. Getting everyone in the same room with a mediator like Bob Matteucci is often all it takes to resolve differences and hammer out an agreement everyone can live with.
If mediation doesn’t work, it may be possible to petition the courts for visitation. However, there are only a few specific circumstances, outlined in New Mexico Statute § 40-9-2, where the courts will even think about overruling the wishes of a child’s parents when it comes to grandparent visitation:
- The child’s parents have begun divorce or separation proceedings
- One or both of the child’s parents have died
- One or both of the child’s parents have lost or given up their parental rights or visitation rights
- The child is being adopted
- If the child is under six years old, lived with the grandparents for at least three months, and was later removed from the grandparents’ home by the parent or someone else
- If the child is over six years old, lived with the grandparents for at least six months, and was later removed from the grandparents’ home by the parent or someone else
- Other extraordinary situations where the grandparent-grandchild relationship is severed, and there is no indication that a choice was made to protect the child from the grandparent.
Even in these situations, a grandparent’s right to visitation is not automatic. The law just gives a grandparent the ability to ask a court to step in. A judge will then decide if visitation is in the best interest of the child.
The Factors New Mexico Family Court Judges Consider in Grandparent Visitation Cases
When deciding if allowing a grandparent to see their grandchild is in the best interest of the child, the judge will consider:
- The grandparents’ relationship with both the child and his or her parents
- Any visitation arrangements that existed prior to the grandparents petitioning the court
- How the grandparents’ visitation might affect the child
- Whether either grandparent has had convictions for abuse or neglect of a child
- Any caretaker role the grandparents might have assumed prior to asking the court for visitation
- The wishes of the parents
- If the child is old enough to have an opinion, the court will also take his or her wishes into consideration
- Anything else affecting the child’s best interests
These are obviously subjective factors that will vary from family to family. There is no way to predict if a judge will side with you just from reading a blog post or doing a Google search. That’s why it is important to work with an experienced family law attorney like Bob Matteucci, who can help you tell your story and give the judge the evidence he or she needs to decide in your favor.
Serving Families with Dignity & Compassion
If you’re a grandparent who has been cut off from your grandchild, the first step is usually conversation — not litigation. Many of the Albuquerque area families assisted by the Matteucci Family Law team resolve their differences through negotiation or mediation, allowing the family to create a schedule that fits their unique needs.
When agreement isn’t possible, a court petition is the next step, and Bob is willing and able to assist with that as well.
If you are ready to discuss the nuts and bolts of grandparent visitation, Attorney Bob Matteucci is here for you. Please contact him today to set up a meeting.