505.944.0372

423 6th Street NW, Albuquerque, NM 87102
info@davidsonlawnm.com
 505.244.8816 (fax)
Family Law Practice Areas

Child Custody, Timesharing and Support
We approach our cases with sincerity and respect, and we recognize our responsibility not only to our clients, but also to promote and protect the best interests your children.

Divorce
We work with men and women throughout the course of a divorce proceeding. We are here to help you through your divorce and into healing – successfully.

Domestic Violence
Many family law disputes involve violence or the threat of violence, necessitating protection orders. We are experienced at getting their clients the protection from violence they need with orders of protection.

Grandparents Rights
Grandparents may be awarded visitation during or following a court proceeding pertaining to paternity, legal separation, or dissolution of a marriage.

Guardianship and Conservatorship
A guardianship or conservatorship is a legal right given to a person to be responsible for the food, health care, housing, finances and/or other necessities of a person deemed fully or partially incapable of providing these necessities for himself or herself.

Invalid Marriages
Marriages can be declared invalid for a variety of reasons, including whether a party entered into the marriage under duress or based on fraudulent circumstances, or if one party was already legally married at the time of the second marriage.

Legal Separation
The major difference between a legal separation and a divorce is that the parties remain legally married at the end of the case.

Paternity
When an unmarried woman has a child, an official act is needed to establish the legal father of the child.

Post Decree Modification of Custody and Support
The child custody modification action is brought in order to change the parent named as the custodial parent in a parenting plan, who is the parent with whom the children live the majority of the time.

Relationship Agreements
By making relationship agreements before marriage about how property and finances should be divided if the marriage ends, parties can potentially avoid expensive and confrontational divorce litigation.
GRANDPARENTS RIGHTS

In New Mexico, grandparents may be awarded visitation during or following a court proceeding pertaining to paternity, legal separation, or dissolution of a marriage. Grandparent visitation must not conflict with the child's education, prior established visitation or time-sharing privileges. If either or both parents are deceased, any grandparent of the child may petition for visitation privileges. In addition, grandparents may petition for visitation with a grandchild who once resided with the grandparent for a prescribed length of time. For children who were less than six years old at the beginning of the residence, a period of three months or more is required. For children who were more than six years old at the beginning of the residence, a period of six months or more is required.

New Mexico statutes list items to be considered in a petition for grandparent visitation. These include the following:

  • Factors relevant to the best interests of the child
  • Prior grandparent-child interaction
  • Prior interaction between the grandparent and each parent of the child
  • The present relationship between the grandparent and each parent of the child
  • Any time-sharing or visitation arrangements already in place
  • The effect the visitation will have on the child
  • If the grandparent has any prior convictions for physical, emotional or sexual abuse or neglect
  • If the grandparent has been the child's full-time caretaker for a significant period.

The court may order mediation or evaluation if it is deemed advisable. If the court decides against visitation, it may order other grandparent-grandchild contact, including regular communication by phone, mail or "other reasonable means."

Adoption does not always terminate visitation rights in New Mexico. Biological grandparents may petition for visitation if the adopting party is a stepparent, a relative, a person designated in a deceased parent's will or a person sponsoring the child in baptism or confirmation ceremonies.

Please contact the Law Office of Clifton L. Davidson for your free consultation
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Telephone: 505.944.0372
Facsimile: 505.244.8816
email: info@davidsonlawnm.com
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Disclaimer: This web site is designed to provide general information only. The information provided is presented for informational purposes and should not be construed to constitute legal advice nor is it intended to create an attorney/client relationship. Our law offices require the execution of a written retainer agreement before any legal services are rendered.