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 [32A-5-1 to 32A-5-45 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 [this article] 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.
History: 1978
Comp., § 40-9-2, enacted by Laws 1993, ch. 93, § 3; 1999, ch. 73, § 1.
40-9-3. Visitation; modification; restrictions.
A. When the district court grants reasonable
visitation privileges to a grandparent pursuant to the provisions of the
Grandparent's Visitation Privileges Act [this article], the court shall issue
any necessary order to enforce the visitation privileges and may modify the
privileges or order upon a showing of good cause by any interested person.
B. Absent a showing of good cause, no
grandparent or parent shall file a petition pursuant to the provisions of the
Grandparent's Visitation Privileges Act more often than once a year.
C. When an action for enforcement of a court order
allowing visitation privileges is brought pursuant to the Grandparent's
Visitation Privileges Act by a grandparent, the court may award court costs and
reasonable attorneys' fees to the prevailing party when a court order is
violated.
History: 1978 Comp., § 40-9-3, enacted by Laws 1993, ch. 93, § 4; 1995, ch. 58, § 1.
40-9-4. Change of child's domicile; notice to
grandparent.
A. When a grandparent is granted visitation
privileges with respect to a minor child pursuant to the provisions of the
Grandparent's Visitation Privileges Act [this article] and the child's
custodian intends to depart the state or to relocate within the state with the
intention of changing that child's domicile, the custodian shall:
(1) notify the
grandparents of the minor child of the custodian's intent to change the child's
domicile at least five days prior to the child's change of domicile;
(2) provide the
grandparent with an address and telephone number for the minor child; and
(3) afford the
grandparent of the minor child the opportunity to communicate with the
child.
B. This state will recognize an order or act
regarding grandparent visitation privileges issued by any state, district,
Indian tribe or territory of the United States of America.
History: 1978
Comp., § 40-9-4, enacted by Laws 1993, ch. 93, § 5; 1995, ch. 58, § 2.
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