SENATE MEMORIAL 37

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Eric G. Griego

A MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE COURTS TO CONDUCT A STUDY OF STATUTES GOVERNING GRANDPARENTS' VISITATION RIGHTS IN OTHER STATES AND MAKE RECOMMENDATIONS REGARDING OPPORTUNITIES TO SUPPORT GREATER INVOLVEMENT OF GRANDPARENTS IN THE LIVES OF THEIR GRANDCHILDREN IN NEW MEXICO.

     WHEREAS, grandparents represent a grandchild's personal connection to the past and a link to a family's history; and

     WHEREAS, grandparents can serve as role models for grandchildren and can educate and care for them in ways that parents cannot; and

     WHEREAS, in today's mobile society, grandparents and grandchildren are often separated by great distances and are only able to see each other on an infrequent basis; and

     WHEREAS, many family situations threaten the ability of grandparents to see their grandchildren, including divorce, death, drug and alcohol abuse, incarceration and child custody cases; and

     WHEREAS, an increasing number of grandparents are facing court battles to ensure their continued ability to see and be in a relationship with their grandchildren, and grandparents may go years without the prospect of a visit with their grandchildren; and

     WHEREAS, state laws governing grandparent visitation rights vary greatly, with some states having permissive laws and others having much more stringent requirements; and

     WHEREAS, in June 2006, the United States supreme court issued a decision on grandparents' visitation rights in the Troxel v. Granville case, holding that a Washington state law allowing judges to grant visitation rights to grandparents violated a parent's right to make decisions regarding the care, custody and control of their children; and

     WHEREAS, New Mexico laws allow grandparents to petition the courts for the right to visit a grandchild; however, grandparents are required to meet thresholds that demonstrate the amount of time previously spent with the grandchild and that are affected by the age of the child; and

     WHEREAS, all state laws require grandparents to prove that the visits they seek are in the best interests of the grandchild and that their visits will not be harmful in any way; and

     WHEREAS, proponents of laws that strengthen the rights of grandparents to visit their grandchildren contend that grandparents generally exert a stabilizing effect in the lives of their grandchildren, offsetting any trauma experienced through divorce, death or other disruptive situations; and

     WHEREAS, the relationship between grandchildren and grandparents is one that should be nurtured whenever circumstances allow;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the administrative office of the courts be requested to conduct a study of statutes governing grandparents' visitation rights in other states and make recommendations regarding opportunities to support greater involvement of grandparents in the lives of their grandchildren in New Mexico; and

     BE IT FURTHER RESOLVED that the administrative office of the courts consult with the children, youth and families department, the aging and long-term services department and others to examine opportunities and barriers to expanding grandparents' visitation rights in New Mexico; and 

     BE IT FURTHER RESOLVED that a report of the findings and recommendations of the study be presented to the appropriate interim legislative committee by October 2011; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the administrative office of the courts, the secretary of children, youth and families and the secretary of aging and long-term services.

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