Do Grandparents Have Visitation Rights in New Mexico?

This article explains when and how grandparents in New Mexico can request court-ordered visitation with their grandchildren after divorce, separation, one parent's death, or other life-altering changes.

When can I ask for court-ordered visitation with my grandchildren?

In New Mexico, grandparents can ask the court for visitation with their grandchildren in certain situations. The court will only grant visitation if it is in the child's best interests. A grandparent may file a petition when there has been a divorce, legal separation, or a case that legally establishes parentage. Grandparents can also ask for visitation if a parent has died, or if the child lived with them for a while and was later removed. Even in adoption cases, some grandparents may still request visitation, depending on who is adopting the child. Here's a list of the situations when a grandparent may petition the court:

• the child's parents are divorced, legally separated, or involved in a parentage case
• one or both of the child's parents have died
• the child (under age 6) lived with the grandparent for at least 3 months and was later removed
• the child (age 6 or older) lived with the grandparent for at least 6 months and was later removed
• the child is being adopted by a stepparent, relative, someone named in a deceased parent's will, or a religious sponsor (like a godparent), or
• the child is being adopted by a stepparent after the parent's rights have been terminated

(N.M. Stat. § 40-9-2 (2025).)

What must I prove in court?

Judges must give great weight to parents' preferences regarding who gets to visit their children. To overcome this, the grandparent asking for visitation has the "burden of proof" (the duty to provide sufficient evidence) to show that the proposed visits are in the child's best interests, considering the child's health, safety, and welfare. The court must consider:

• past relationship between the grandparent and child
• past relationship between the grandparent and each parent
• current relationship between the grandparent and each parent
• previous visitation or time-sharing arrangements
• impact of grandparent visitation on the child
• any history of abuse or neglect by the grandparent, and
• whether the grandparent was a full-time caretaker for the child

(N.M. Stat. § 40-9-2 (2025).)

Are my grandparent visitation rights terminated if my grandchild is adopted?

If a stepparent, relative, or godparent adopts your grandchild, your grandparent visitation rights are not affected by the adoption. In all other adoptions, New Mexico allows biological grandparents to pursue visitation with their grandchild while the adoption is pending, until the biological parents' rights are terminated and transferred to the adoptive parents. After the adoption, all grandparent visitation rights are terminated and transferred to the adoptive grandparents.

How do I start the process?

You must file a "petition," (formal written request) in the court making custody and visitation orders regarding your grandchild and notify everyone involved. In your petition, you will describe your proposed schedule for court-ordered visits. Some New Mexico courts require other forms to be filed with your petition, so you should check with your local court clerk or a local family law attorney.

Once you are granted court-ordered visitation, the parent(s) must provide you with the child's phone number and address, and notify you at least five days in advance of any changes to scheduled visits.

If you already have a visitation order, but you want more time or the child's parent is interfering, you can ask the court to "modify" (change) it or enforce the order. However, you may only file a request with the court once a year.

If you have questions about your right to spend time with your grandchild, you should speak to a local, experienced family law attorney, who can help you navigate this process.