Grandparents’ Rights

New Mexico Custody and Visitation Rights Lawyer

While the effects on parents and children are obvious in divorce proceedings, grandparents are easily overlooked. When matters of child custody and other issues relating to divorce are being decided, the court and the parents are rarely looking out for the grandparents. Grandparents’ visitation is an evolving area of the law and grandparents who wish to preserve their visitation need to hire an experienced attorney to accurately and effectively represent their best interests.

At the law firm of Stephen P. Eaton, Attorney at Law, we assist grandparents with the ability to maintain a relationship with their grandchildren after a divorce. When it is in the best interests of the child to continue to have a relationship with the grandparents, the court may provide visitation privileges to further that relationship. If this is the case, our firm will help present your case to the court and work hard to achieve the visitation privileges that you and your grandchildren need.

For more information about grandparents’ rights and visitation privileges, contact us in Albuquerque, New Mexico, to speak with an attorney.

Grandparent Visitation Privileges and Grandparent Adoption

In most cases, the law in New Mexico considers access to grandchildren a privilege instead of a right. Under certain circumstances, however, the court will recognize that it is in the best interests of the child if the grandparents are able to help care for the child. These include:

Previous relationship with the grandchild:

Most often, the Court considers Grandparents claims when they have already established a relationship with their grandchildren. If you have previously been left in charge of your grandchild and have established a relationship, you may be able to present your case to the court and ask for custody rights. The court will consider the length and the nature of the relationship and make a determination about the best interests of the child.

Death of a Parent:

When a parent dies, sometimes the surviving Grandparents have difficulty maintaining a relationship with their grandchildren. New Mexico recognizes this is one circumstance when Grandparents are allowed court ordered contact with their Grandchildren.

Unfit parents:

When one or both of the biological parents cannot take care of a child, the grandparent may ask the court for temporary custody or for a guardianship or adoption. A parent may be considered unfit for many reasons, including physical and mental limitations, drug and alcohol addiction problems, a history of violence and abuse towards the child or extended periods of incarceration. This also applies in cases where a parent has died.

Contact Attorney Stephen P. Eaton in Albuquerque

If you are concerned about losing your rights to visitation with your grandchildren, contact us at Stephen P. Eaton, Attorney at Law. Call us in Albuquerque at 505-837-9200. We accept all major credit cards as payment for our legal services.