What is child visitation?

In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for some time to an otherwise non-custodial parent or relative.

In general, courts in New Mexico assume that it is beneficial for both biological parents of a child to have shared custody or visitation unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.

Visitation by grandparents, family members, or other third parties is less clear-cut in New Mexico, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.

Above all else, courts in New Mexico strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about New Mexico's visitation guidelines on this page.

New Mexico Child Visitation Summary

New Mexico law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage, or custody case. A person may also file a petition for visitation on its own. The court will examine whether a visitation arrangement is in the child's best interests. The factors considered include:

• The parent's and child’s wishes as to custody
  
  The interaction and relationship between the child and both parents, any siblings, and any other person who significantly affects the child's best interests

• The child's adjustment to his or her home, school, and community

• The mental and physical health of all individuals involved

• The court will decide a request for visitation based on whether granting a grandparent visitation would be in the "best interests of the child."

New Mexico Child Visitation For Grandparents, Relatives, and Third Parties

In the state of New Mexico, there are several laws regarding child visitation regarding visitation for third parties other than the biological parents of the child. While state laws regarding third-party visitation have frequently been challenged in courts, they are a good indication of New Mexico's positions regarding non-parental visitation rights.

Visitation Rights Of Grandparents In New Mexico:

New Mexico has special statutes regarding the child visitation rights of grandparents under different circumstances. Under state law, the grandparents of children may obtain visitation while the parents are alive, regardless of the parent's marital status.

Grandparents, Visitation In General

✓ YES

Grandparents, After the Death Of a Pare

✓ YES

Grandparents, After the Divorce Of Parent

✗ NO

Grandparents, Parent Never Married

✗ NO

Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, a New Mexico court may allow or prevent visitation rights in any situation based on the best interests of the child.

Visitation Rights Of Other Parties In New Mexico:

Are step-parents granted visitation rights in the state of New Mexico?

Generally, it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.

The state of New Mexico does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.

Can other interested parties or relatives be granted visitation rights to a child in New Mexico?

Under the state of New Mexico law, it may be possible for other individuals to be granted visitation rights by the court. This might include relatives other than the child's parents, previous caregivers, etc.

Can parents be granted visitation rights after termination of parental rights or adoption in New Mexico?

In the state of New Mexico, it is possible to be granted visitation rights after termination of parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.

Safe Exchange & Supervised Visitation

CYA provides children and their parents with a safe, nurturing environment for supervised visitation and exchange, allowing a child to continue his or her relationship with the noncustodial parent without being placed in the middle of parental conflicts.

Supervision acts initially as intervention, and ultimately as prevention with regard to disputes between parents and other members of the family and the children. The program also serves to diminish the child’s exposure to more harmful and potentially life-threatening situations. Emphasis is placed on the safety and well-being of the child.

Why Supervised Visits or Exchange

Children

CYA services allow children to maintain relationships with both parents without being in the middle of their disputes. Children may anticipate visits without the stress of worrying about what is going to happen.

Custodial Parent

CYA services allow custodial parents to feel more confident about their own and their child’s safety without having to communicate or have contact with the parent with whom they are in conflict.

Noncustodial Parents

CYA services allow noncustodial parents to be assured that contact with the child(ren) will not be disrupted regardless of any personal or interpersonal problems or conflicts with the custodial parent. If allegations were made against the noncustodial parent, he or she may visit without being concerned about new accusations, because someone else is present who can verify what happens during the course of the visit.

Other Relatives

CYA services allow other family members, such as grandparents, aunts, and uncles, the opportunity to maintain or renew relationships with the child(ren). Service providers allow these relatives to visit when specified in the Court’s order or agreed to by parents.

Courts

CYA services offer a tool to the Courts to reduce the number of cases returning to Court and serve as an important component of an integrated community intervention system. Judges and judicial officers may allow parents to maintain the parent/child relationship while their cases are being litigated without sacrificing the safety of the children or victims of domestic violence.

Communities

CYA services offer highly trained, professional staff to monitor contact between a child and his or her noncustodial parent in a safe environment for all parties, and to facilitate a safe exchange between parents when contact might otherwise be confrontational. A parent’s selection of a “neutral” third party – a family member or friend – to oversee visits or exchanges often does not serve the interests of all parties. Parents in conflict may have difficulty agreeing upon a single individual to perform that role, and existing relationships with family or friends may be strained. Furthermore, it is extremely difficult for such third parties to refrain from taking sides, and their presence may detract from the quality of the parent/child visit, because of a tendency to interact with the family member or friend instead of focusing on the child.