2020 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 9 - Grandparent's Visitation Privileges
Section 40-9-3 - Visitation; modification; restrictions.

A. When the district court grants reasonable visitation privileges to a grandparent pursuant to the provisions of the Grandparent's Visitation Privileges Act, the court shall issue any necessary order to enforce the visitation privileges and may modify the privileges or order upon a showing of good cause by any interested person.

B. Absent a showing of good cause, no grandparent or parent shall file a petition pursuant to the provisions of the Grandparent's Visitation Privileges Act more often than once a year.

C. When an action for enforcement of a court order allowing visitation privileges is brought pursuant to the Grandparent's Visitation Privileges Act by a grandparent, the court may award court costs and reasonable attorneys' fees to the prevailing party when a court order is violated.

History: 1978 Comp., § 40-9-3, enacted by Laws 1993, ch. 93, § 4; 1995, ch. 58, § 1.

Repeals and reenactments. — Laws 1993, ch. 93, § 4 repealed former 40-9-3 NMSA 1978, as enacted by Laws 1979, ch. 13, § 3, and enacted a new section, effective July 1, 1993.

The 1995 amendment, effective June 16, 1995, inserted "or parent" in Subsection B and added Subsection C.

Rebuttable presumption. — The presumption that a fit parent acts in the best interests of his or her child is a rebuttable presumption. Deem v. Lobato, 2004-NMCA-102, 136 N.M. 266, 96 P.3d 1186, cert. denied, 2004-NMCERT-008, 136 N.M. 491, 100 P.3d 197.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Grandparents' visitation rights, 90 A.L.R.3d 222.

Grandparents' visitation rights where child's parents are deceased, or where status of parents is unspecified, 69 A.L.R.5th 1.

Grandparent's visitation rights where child's parents are living, 71 A.L.R.5th 99.