NM Grandparent Visit Laws

New Mexico
Grandparent Visitation

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40-9-2. Children; visitation by grandparent; petition; mediation.

A.     In rendering a judgment of dissolution of marriage, legal separation or
the existence of the parent and child relationship pursuant to the provisions of
the Uniform Parentage Act [40-11-1 to 40-11-23 NMSA 1978], or at any time
after the entry of the judgment, the district court may grant reasonable
visitation privileges to a grandparent of a minor child, not in conflict with the
child's education or prior established visitation or time-sharing privileges.

B.     If one or both parents of a minor child are deceased, any grandparent of
the minor child may petition the district court for visitation privileges with
respect to the minor. The district court may order temporary visitation
privileges until a final order regarding visitation privileges is issued by the
court.

C.     If a minor child resided with a grandparent for a period of at least three
months and the child Was less than six years of age at the beginning of the
three-month period and the child Was subsequently removed from the
grandparent's home by the child's parent or any other person, the grandparent
may petition the district court for visitation privileges with respect to the child,
if the child's home state is New Mexico, as provided in the Child Custody
Jurisdiction Act.

D.     If a minor child resided with a grandparent for a period of at least six
months and the child Was six years of age or older at the beginning of the
six-month period and the child Was subsequently removed from the
grandparent's home by the child's parent or any other person, the grandparent
may petition the district court for visitation privileges with respect to the child,
if the child's home state is New Mexico, as provided in the Child Custody
Jurisdiction Act.

E.     A biological grandparent may petition the district court for visitation
privileges with respect to a grandchild when the grandchild has been adopted
or adoption is sought, pursuant to the provisions of the Adoption Act [Chapter
32A, Article 5 NMSA 1978], by:

(1)     a stepparent;

(2)     a relative of the grandchild;

(3)     a person designated to care for the grandchild in the provisions of a
deceased parent's will; or

(4)     a person who sponsored the grandchild at a baptism or confirmation
conducted by a recognized religious organization.

F.     When a minor child is adopted by a stepparent and the parental rights of
the natural parent terminate or are relinquished, the biological grandparents
are not precluded from attempting to establish visitation privileges. When a
petition filed pursuant to the provisions of the Grandparent's Visitation
Privileges Act [Chapter 40, Article 9 NMSA 1978] is filed during the pendency
of an adoption proceeding, the petition shall be filed as part of the adoption
proceedings. The provisions of the Grandparent's Visitation Privileges Act
shall have no application in the event of a relinquishment or termination of
parental rights in cases of other statutory adoption proceedings.

G.     When considering a grandparent's petition for visitation privileges with a
child, the district court shall assess:

(1)     any factors relevant to the best interests of the child;

(2)     the prior interaction between the grandparent and the child;

(3)     the prior interaction between the grandparent and each parent of the
child;

(4)     the present relationship between the grandparent and each parent of the
child;

(5)     time-sharing or visitation arrangements that were in place prior to filing
of the petition;

(6)     the effect the visitation with the grandparent will have On the child;

(7)     if the grandparent has any prior convictions for physical, emotional or
sexual abuse or neglect; and

(8)     if the grandparent has previously been a full-time caretaker for the child
for a significant period.

H.     The district court may order mediation and evaluation in any matter
when a grandparent's visitation privileges with respect to a minor child are at
issue. When a judicial district has established a domestic relations mediation
program pursuant to the provisions of the Domestic Relations Mediation Act
[40-12-1 to 40-12-6 NMSA 1978], the mediation shall conform with the
provisions of that act. Upon motion and hearing, the district court shall act
promptly On the recommendations set forth in a mediation report and consider
assessment of mediation and evaluation to the parties. The district court may
order temporary visitation privileges until a final order regarding visitation
privileges is issued by the court.

I.     When the district court decides that visitation is not in the best interest of
the child, the court may issue an order requiring other reasonable contact
between the grandparent and the child, including regular communication by
telephone, mail or any other reasonable means.

J.     The provisions of the Child Custody Jurisdiction Act and Section 30-4-4
NMSA 1978, regarding custodial interference, are applicable to the provisions
of the Grandparent's Visitation Privileges Act [Chapter 40, Article 9 NMSA
1978].
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above information is located at
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Current document:
New Mexico Statutes and Court Rules/Statutory Chapters in New Mexico
Statutes Annotated 1978/CHAPTER 40 Domestic Affairs /ARTICLE 9
Grandparent's Visitation Privileges /40-9-2. Children; visitation by
grandparent; petition; mediation. (1999)

The New Mexico Grandparent Visitation Law Bill Passes

SENATE BILL 174: 44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999 INTRODUCED BY Linda M. Lopez

AN ACT

RELATING TO FAMILY LAW; EXPANDING THE CONSIDERATIONS FOR THE COURT WHEN A GRANDPARENT PETITIONS FOR VISITATION
WITH A CHILD; AMENDING A SECTION OF THE NMSA 1978.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 40-9-2 NMSA 1978 (being Laws 1993,
Chapter 93, Section 3) is amended to read:
"40-9-2. CHILDREN--VISITATION BY GRANDPARENT--PETITION--MEDIATION.--
A. In rendering a judgment of dissolution of marriage, legal separation or the existence of the parent and child relationship pursuant to the provisions of the Uniform
Parentage Act, or at any time after the entry of the judgment, the district court may grant reasonable visitation privileges to a grandparent of a minor child, not in conflict with
the child's education or prior established visitation or time-sharing privileges.

B. If one or both parents of a minor child are deceased, any grandparent of the minor child may petition the district court for visitation privileges with respect to the minor.
The district court may order temporary visitation privileges until a final order regarding visitation privileges is issued by the court.

C. If a minor child resided with a grandparent for a period of at least three months and the child Was less than six years of age at the beginning of the three-month period
and the child Was subsequently removed from the grandparent's home by the child's parent or any other person, the grandparent may petition the district court for visitation
privileges with respect to the child, if the child's home state is New Mexico, as provided in the Child Custody Jurisdiction Act.

D. If a minor child resided with a grandparent for a period of at least six months and the child Was six years of age or older at the beginning of the six-month period and the
child Was subsequently removed from the grandparent's home by the child's parent or any other person, the grandparent may petition the district court for visitation
privileges with respect to the child, if the child's home state is New Mexico, as provided in the Child Custody Jurisdiction Act.

E. A biological grandparent may petition the district court for visitation privileges with respect to a grandchild when the grandchild has been adopted or adoption is sought,
pursuant to the provisions of the Adoption Act, by:

(1) a stepparent;
(2) a relative of the grandchild;
(3) a person designated to care for the grandchild in the provisions of a deceased                 parent's will; or

(4) a                                  person who sponsored the grandchild at a baptism or confirmation conducted by a recognized                                  religious organization.

F. When a minor child is adopted by a stepparent and the parental rights of the natural parent terminate or are relinquished, the biological grandparents are not precluded
from attempting to establish visitation privileges. When a petition filed pursuant to the provisions of the Grandparent's Visitation Privileges Act is filed during the tendency of
an adoption proceeding, the petition shall be filed as part of the adoption proceedings. The provisions of the Grandparent's Visitation Privileges Act shall have no application
in the event of a relinquishment or termination of parental rights in cases of other statutory adoption proceedings.

G. When considering a grandparent's petition for visitation privileges with a child, the district court shall assess:
(1) the best interests of the child;
(2) the prior interaction between the grandparent and the child;
(3) the prior interaction of the grandparent and each parent of the child;
(4) the present relationship between the grandparent and each parent of the child; [and]
(5) time-sharing or visitation arrangements that were in place prior to filing of the petition;
(6) the amount of time that may have elapsed since the child last had contact with the grandparent;
(7) the effect the visitation with the grandparent will have On the relationship between the child and the child's parent or the person with whom the child resides;
(8) any history of physical, emotional or sexual abuse or neglect by the grandparent;
(9) the good faith of the grandparent in filing the application; and
(10) other factors relevant to the best interests of the child.

H. It shall be prima facie evidence that visitation is in the child's best interest if in the past the grandparent had been a full-time caretaker for the child.

H.] I. The district court may order mediation and evaluation in any matter when a grandparent's visitation privileges with respect to a minor child are at issue. When   a
judicial district has established a domestic relations mediation program pursuant to the provisions of the Domestic Relations Mediation Act, the mediation shall conform with
the provisions of that act. Upon motion and hearing, the district court shall act promptly On the recommendations set forth in a mediation report and consider assessment of
mediation and evaluation to the parties. The district court may order temporary visitation privileges until a final order regarding visitation privileges is issued by the court.

[I.] J. When the district court decides that visitation is not in the best interest of the child, the court

may issue an order requiring other reasonable contact between the grandparent and the child, including regular communication by telephone, mail or any other reasonable
means.

[J.] K. The provisions of the Child Custody

Jurisdiction Act and Section 30-4-4 NMSA 1978, regarding custodial interference, are applicable to the provisions of the Grandparent's Visitation Privileges Act."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999

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