Grandparents and other relatives have no automatic right to see their grandchildren or other minor relatives. In New Mexico, however, grandparents and great-grandparents can ask a district court for "reasonable" time with grandchildren and great-grandchildren in some situations.
In response to a grandparent visitation petition, a court could order visiting time if:
- one or both of the parents of the child have died;
- the parents have started a court case for a divorce, paternity, or legal separation;
- a court has already made a judgment about custody of the child;
- a step-parent or other relative is legally adopting the child or the child is going to be adopted after the parents’ deaths by someone they named in their wills;
- the child is going to be adopted after the parents’ deaths by someone who was the child’s sponsor at a religious baptism or confirmation
- the parents forbid the grandparents to spend any time with the child after the grandparents have taken care of the child full-time for at least three months if the child was under six years old at the start, or for at least six months if the child was six or older at the start. This rule applies only if someone then took the child away from the grandparents, not if the grandparents offered to give the child back; and
- if grandparent visitation is determined to be in the best interest of the child.