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Grandparents and Kinship Rights

Divorce is about two people who simply cannot make a relationship work any longer.

Often, divorce is about two people who simply can’t make a relationship work anymore—and about those people’s children, who are simply swept along in the wake of their parents’ difficulties.

And, almost just as often, divorce is also about two people—their children—and many, many other people—grandparents, cousins, aunts, uncles, and other part-time guardians.

The sad truth is that quite often extended family becomes the casualty of divorce just like children do.

Grandparents

What rights, for instance, do grandparents have regarding the children of a divorce?

It’s not uncommon for grandparents to be as involved or more involved in the lives of children than even the children’s parents are. Grandparents are often a child’s full-time caregiver.

If a parent has complicated a child’s life with instability, addictions, or emotional volatility, maintaining a strong relationship, and visitation, for grandparents, may be more important than ever.

In such situations, parents may threaten grandparents with decreased access to their grandchildren. It is important to know that New Mexico statutes contain the Grandparent’s Visitation Privileges Act, and under certain circumstances, grandparents do have some legal recourse when this occurs. The attorneys at Cortez & Hoskovec, LLC can help grandparents understand their legal options in order to make informed and educated decisions about how to proceed.

Kinship Guardianship

The Kinship Guardian Act of New Mexico says that a child’s parents are the legally preferred caregivers—but if the parents are found to be unable and/ or unwilling to, care for their children, then involved relatives (“kin”) can seek to be appointed as guardians of the children instead.

The process can be a complicated one, and even after guardianship has been granted it can be eventually terminated under ideal circumstances.

Cortez & Hoskovec, LLC understands family law, grandparents’ rights, and kinship guardianship. If these are issues of concern to you, contact us today, and let us help you navigate these difficult legal waters.

The children in your life deserve a loving caregiver who wants what’s best for them. Let us help you to help them. Our offices are in Albuquerque, New Mexico, and our number is (505) 247-1726. Call us today.

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