In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Mexico Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
State:
Multi-State
Control #:
US-01121BG
Format:
Word;
Rich Text
325 downloads
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FAQ
New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.
In order to be appointed as the legal guardian of a child you must file a petition with the court. If the child's parents agree you can have them sign a consent form and file it with the court, but you must still go through the court proceeding become the child's legal guardian.
In the state of New Mexico, we recognize three types of guardianship legal, informal, and temporary. Now, with all three, there are different restrictions that are applicable to the individual situation and will be determined by the courts if that is something you and your family go through.
A restraining order of protection is usually the quickest way to get emergency custody in New Mexico. Parents can get a protection order by filing a petition/request for order of protection. Moreover, the request for order of protection can involve children.
You can go to your local district court and ask for the forms to file for kinship guardianship of a child, or you can call the Guardianship Legal Helpline. The Guardianship Legal Helpline can help you determine if you want to file by yourself, and if you do, help you with questions and the paperwork.
A guardian appointed for a child pursuant to the Kinship Guardianship Act has the legal rights and duties of a parent except the right to consent to adoption of the child and except for parental rights and duties that the court orders retained by a parent.
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.
All 50 states and D.C. currently have some type of "grandparent visitation" statute through which grandparents?and sometimes others (foster parents and stepparents, for example)?can ask a court to grant them the legal right to maintain their relationships with beloved children.