Grandparent Visitation in Albuquerque, New Mexico

 

Grandparent visitation in Albuquerque, New Mexico often stirs memories and emotions.

There’s something about the summertime that stirs memories and some of my favorite childhood memories are painted between the lines of time that I spent with my grandparents.

My grandparents, Bernal Sanchez & Christa Sanchez, met in a small town in Germany during World War Two – returning to Albuquerque immediately after the war. Although my Grandma was German and spoke very little English, the people of Albuquerque, New Mexico treated her with kindness when she moved to America after WWII. My grandma lived the remainder of her life in a neighborhood that was part of the original Sanchez Land Grant – a place in Albuquerque where part of my family still lives to this very day.

Before the Albuquerque Isotopes there was the Albuquerque Dukes. About once a week I caught a Dukes’ game with Grandpa Sanchez, who was arguably the biggest fan in Albuquerque and was at virtually every home game. On any given night Grandpa’s booming voice could be heard filing the stadium with wild cheers and jeers. As a child, watching the Dukes with Grandpa while eating ice cream from a plastic helmet, peanuts from a bag, and signing “Take me Out to the Ball Game,” was about as good as it got. Right now the Dukes theme song is literally stuck in my head as I’m typing these words: The Dukes are coming out swinging, come on Dukes . . . play ball!

It’s so hard to say goodbye to yesterday.

Personally speaking, the time spent with my grandparents has added a dimension to my life, enriching my childhood and filling my life with positive memories. Unfortunately, not all families see grandparent visitation through rose colored lenses. Due to a wide range of discord and family conflicts, some grandparents face the harsh reality of being denied parental visitation with their grandchildren.

Some of the most emotionally charged cases that I encounter involve grandparents that are being denied time with their grandchildren, and seek court ordered parental visitation.

In America parents have a fundamental, constitutional right to parent their children. Because of this fact it is New Mexico’s policy that the interests of the children are best served when they are raised by their parents. See Freedom C. v. Julie Ann D., 2011-NMCA-040. Unfortunately, grandparent’s do not have the same constitutional rights regarding their grandchildren. In fact, grandparent’s don’t have any rights at all – they have “privileges” – privileges that the New Mexico court may either grant, or decline.

Assuming that a parent is actively keeping a grandchild from their grandparent, the grandparent – despite the best of intentions – must meet one of the following requirements for the court to consider their request for visitation with the grandchild.

 

WHAT ARE THE STEPS TO ESTABLISH GRANDPARENT VISITATION IN ALBUQUERQUE NM?

 

First – the Court may grant privileges to a grandparent, which is not in conflict with the child’s education or prior established parental visitation or time-sharing privileges, when rendering a judgment of dissolution of marriage (a divorce), legal separation, or the existence of the parent and child relationship. Hence, to meet this first element there must be a presently pending divorce, legal separation, or a cause of action affecting the parent, child relationship.

Second – a grandparent can petition the court for time – in other words they can request time with the child – if one or both parents of a minor child are deceased. As such, to meet this element the grandparent must show that one or both of the parents of the child are deceased.

Third – a grandparent can petition the court for time if the child lived with the 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 removed from the grandparent’s home by the child’s parent or any other person. Basically this requirement says that if the grandchild is less than six years old, the grandparent must demonstrate that the grandchild lived with them for at least three months, and the child was removed by someone other than the grandparent.

Fourth – a grandparent can petition the court for time if the child lived with the grandparent for a period of at least six months, and the child six years of age or older at the beginning of the six month period, and the child was removed from the grandparent’s home by the child’s parent or any other person. Similar to the third requirement, if the grandchild is six years or older, the grandparent must demonstrate that the grandchild lived with them for at least six months, and the child was removed by someone other than the grandparent.

Fifth – a grandparent can petition the court for visitation privileges when the grandchild has been adopted or if adoption is sought 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. Therefore, to meet this element there must be either a prior adoption, or a presently pending adoption of the grandchild at issue.

Sixth – A grandparent can petition the court for parental visitation privileges when the request is submitted by the grandparent while an adoption proceeding is proceeding. In other words, a grandparent can petition the court for visitation privileges if the grandchild at issue is in the middle of a adoption proceeding.

A grandparent must demonstrate one of the six elements listed above in order to request visitation with their grandchild (i.e. to petition the court). In other words, for a grandparent to get their foot in the court house door they must be able to demonstrate one of the six elements listed above. If a grandparent is unable to meet of the six requirements above, then they no legal basis to request the court for visitation with their grandchild.

Unfortunately, the requirements keep going. Assuming that a grandparent is able to demonstrate one of the six required elements above, they must then demonstrate to the court that it is in the child’s best interests for the grandparent to have well defined periods of visitation. At this point, the court may order mediation and an evaluation to determine the child’s best interests. Alternatively, the court may order a Guardian ad Litem – a lawyer on behalf of the child – to represent the child’s voice in the matter.

Depending on the outcome of the mediation, evaluation and/or Guardian ad Litem recommendation, the court decides whether temporary parental visitation privileges will be granted, pending a final order regarding the grandparent visitation.

As you can see from the factors above, when a parent of the child is actively preventing the grandparent from seeing the child, at times, grandparents can face an uphill battle to achieve visitation with their grandchildren.

 

(505) SANCHEZ HELPS GRANDPARENTS ESTABLISH GRANDPARENT VISITATION IN ALBUQUERQUE, NEW MEXICO

 

Are you are caring grandparent that wants to establish grandparent visitation in Albuquerque, New Mexico?    Matthew Legan Sanchez is an experienced grandparent visitation attorney that can handles grandparent visitation in Albuquerque.  Sanchez can be reached by calling (505) SANCHEZ.