Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.

For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.

And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.

In New Mexico, like in many states, the courts prioritize the rights of parents in child custody matters. Grandparents may be awarded custody of their grandchildren under certain limited circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. Grandparents can petition the court for custody in these situations. Regarding visitation, New Mexico has statutes that allow grandparents to seek visitation rights under specific conditions. These conditions often include scenarios where the child's parents are divorced, separated, or deceased. The court will consider the best interests of the child when determining whether to grant custody or visitation rights to grandparents. It's important to note that these matters are complex and the specific circumstances of each case will greatly influence the court's decision.