For most grandparents in Albuquerque, their grandchildren are a source of pride and joy. They love their grandchildren with all their heart and naturally want to spend as much time with them as possible. However, this precious time can be cut off if the child’s parents divorce. Sometimes, during a messy divorce, one parent will try to keep his or her ex’s parents from seeing the child. This can have a detrimental effect on both the child and the grandparents. This is why, over the past few decades, grandparents’ rights have been granted by courts in certain situations.
It is basically recognized that in order to mature into a healthy adult, a child needs to have contact with his or her grandparents and other relatives. In general, visitation rights may be given in situations in which the child’s parents are divorced, and one parent is preventing the child from letting the grandparents have a chance to be a part of the child’s life. This may also be the case if the child has been adopted or if the child has been placed in foster care.
In general, if a grandparent moves the court for visitation rights, any rights bestowed by the court must be in the child’s best interests. The court will take into account a variety of factors when making such decisions. They will consider the relationship the child has with the grandparent, as well as the relationship the child’s parent has with the grandparent. The court will consider how long it has been since the child had last seen the grandparent. In addition, the court will take into account how granting visitation rights will affect the relationship the child has with his or her parent. Whether grandparent visitation would have an effect on a parent’s visitation rights will also be considered. Whether there is a history of neglect or abuse on the part of the grandparent toward the child will be considered. Finally, as a catch-all any other relevant factors will be considered.
This is only a general overview of grandparents’ rights, but it may be useful to grandparents who have been prevented from seeing their grandchild. Grandparents who are wondering whether they can seek visitation rights may want discuss the matter with a family law attorney, who can assess their situation and provide honest feedback.
Source: FindLaw, “Grandparents’ Visitation and Custody: Background,” Accessed April 23, 2017