Grandparent Visitation Petition - New Mexico

PETITION FOR GRANDPARENT VISITATION

(New Mexico — NMSA 1978, § 40-9-2, Grandparent's Visitation Privileges Act)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under NMSA 1978, § 40-9-2, which authorizes the district court to grant reasonable visitation privileges to a grandparent of a minor child in the circumstances set out in that section.

2.2 UCCJEA home state. New Mexico is the home state of the minor child under the Uniform Child-Custody Jurisdiction and Enforcement Act, NMSA 1978, §§ 40-10A-101 et seq., because:

☐ The child has lived in New Mexico with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ New Mexico was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child resides in this county.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY CIRCUMSTANCE

3.1 Petitioner has standing under NMSA 1978, § 40-9-2 because at least one of the following statutory circumstances exists (check all that apply):

☐ § 40-9-2(A) — The Court is rendering, or has entered, a judgment of dissolution of marriage, legal separation, or the existence of the parent-and-child relationship under the Uniform Parentage Act, and this Petition is filed in connection with or after that judgment.

☐ § 40-9-2(B) — One or both parents of the minor child are deceased.

☐ § 40-9-2(C) — The minor child resided with Petitioner for a period of at least three (3) months; the child was less than six (6) years of age at the beginning of that three-month period; the child was subsequently removed from Petitioner's home by a parent or other person; and the child's home state is New Mexico.

☐ § 40-9-2(D) — The minor child resided with Petitioner for a period of at least six (6) months; the child was six (6) years of age or older at the beginning of that six-month period; the child was subsequently removed from Petitioner's home by a parent or other person; and the child's home state is New Mexico.

☐ § 40-9-2(E) — Petitioner is a biological grandparent and the grandchild has been adopted, or adoption is sought under the Adoption Act, by: ☐ a stepparent; ☐ a relative of the grandchild; ☐ a person designated to care for the grandchild in a deceased parent's will; or ☐ a person who sponsored the grandchild at a baptism or confirmation conducted by a recognized religious organization.

3.2 Supporting facts for the circumstance(s) checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Prior caretaking / time-sharing. Petitioner's prior involvement with the child includes:

☐ Petitioner previously served as a full-time caretaker of the child for a significant period: [____________]

☐ Visitation or time-sharing arrangements were in place before this Petition: [____________]

☐ Other: [____________]

4.3 Circumstances leading to this Petition. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000). There is a presumption that a fit parent acts in the best interests of the child.

5.2 Visitation is a privilege, not a right. Petitioner acknowledges that grandparent visitation under the Grandparent's Visitation Privileges Act is a privilege the Court "may" grant in its discretion, and only where the statutory standing circumstance and the best-interest standard are satisfied.

5.3 Best-interest standard — § 40-9-2(G). The Court grants visitation only upon a determination that visitation is in the best interests of the child, assessed against the statutory factors in Section VI, and that the visitation does not conflict with the child's education or prior established visitation or time-sharing privileges (§ 40-9-2(A)).

VI. BEST INTEREST OF THE CHILD — § 40-9-2(G)

6.1 Petitioner alleges, and is prepared to prove, facts addressing each statutory factor the Court must assess:

☐ (G)(1) Any factors relevant to the best interests of the child: [____________]

☐ (G)(2) The prior interaction between Petitioner and the child: [____________]

☐ (G)(3) The prior interaction between Petitioner and each parent of the child: [____________]

☐ (G)(4) The present relationship between Petitioner and each parent of the child: [____________]

☐ (G)(5) Time-sharing or visitation arrangements in place before this Petition was filed: [____________]

☐ (G)(6) The effect visitation with Petitioner will have on the child: [____________]

☐ (G)(7) Petitioner has no prior convictions for physical, emotional, or sexual abuse or neglect of a child. (If any exist, disclose: [____________])

☐ (G)(8) Whether Petitioner has previously been a full-time caretaker of the child for a significant period: [____________]

6.2 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests reasonable visitation privileges as follows:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under NMSA 1978, § 40-9-2;

B. Find that reasonable visitation with Petitioner is in the best interest of the minor child after assessing the factors in § 40-9-2(G) and according the fit parent's decision the special weight required by Troxel;

C. Enter an order granting Petitioner reasonable visitation privileges with the minor child pursuant to the schedule in Section VII, or as the Court deems just;

D. Order temporary visitation privileges pending final order, if appropriate (available under § 40-9-2(B));

E. Refer the matter to mediation under NMSA 1978, § 40-9-3, if the Court deems it appropriate;

F. Award costs of this action; and

G. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF NEW MEXICO )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], N.M. Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you. You are required to file a written response with the Clerk of this Court within thirty (30) days after service of this Petition, and to serve a copy on Petitioner or Petitioner's attorney. If you fail to do so, the Court may enter judgment by default against you for the relief demanded in the Petition. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• NMSA 1978, § 40-9-2 — Children; visitation by grandparent; petition; mediation: subsection (A) (dissolution/legal-separation/parentage judgment); (B) (parent deceased; temporary visitation); (C)-(D) (child resided with grandparent and was removed; home-state requirement); (E) (limited adoption settings); (F) (adoption/termination of parental rights); (G) (eight best-interest factors the court "shall assess").
• NMSA 1978, §§ 40-9-1 to 40-9-4 — Grandparent's Visitation Privileges Act (including mediation, § 40-9-3).
• NMSA 1978, §§ 40-10A-101 et seq. — Uniform Child-Custody Jurisdiction and Enforcement Act; § 40-10A-209 (affidavit).
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.

This Petition is a preparation aid only. New Mexico grandparent visitation is a privilege available only where a statutory standing circumstance exists, and it remains subject to the constitutional special weight owed to a fit parent's decision. Consult a licensed New Mexico family law attorney before filing.