Legal Question in Family Law in New Mexico
My brother pased away almost three years ago and he left a son. My mother watches the toddler ever Friday through Sunday's and holidays. But now his mother has planned to move out of state and theres no way we wi be able to see him. Is what she is doing is illegal and what can I do to protect my visitation rights?
1 Answer from Attorneys
Your mother can petition for grandparent's visitation under New Mexico law. She needs to get on it because once the child is out of the state for six months courts in the the new state will gain jurisdiction and she'll have to go by the laws of the new state, which may or may not provide for grandparent visitation.
I don't know any way you can stop her from leaving. She has custody and can move any place she likes. Your best strategy is to be friendly and try to negotiate something - a recent widow can use some support and you can provide it. Hostility will only make it likely there will be no future visitation for you.
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