New Mexico
New Mexico

February 24, 2009

Senate Bill 298: Grandparent Visitation Rights

Senator Carlos Cisneros

Expanding a grandparent’s right to file a petition for visitation under the Grandparent’s Visitation Privileges Act.


1/27/2009(Senate) Introduced
2/18/2009(Senate) Judiciary Committee

HSLDA’s Position:
HSLDA is opposed to this bill.

Action Requested:
None requested at this time.

Over the years, HSLDA has represented member families in conflict with grandparents who did not like homeschooling. These grandparents would try to stop the homeschooling through various means including turning the family over to the child welfare services. Thankfully, most grandparents we come in contact with at HSLDA support homeschooling and in some situations even participate in the teaching.

However, S.B. 298 would give grandparents and great-grandparents the right to sue parents for visitation rights. If this bill becomes law, they could sue, “[I]f a minor child has had some prior contact with the minor child’s biological grandparent, the biological grandparent may petition the district court for visitation privileges with that child and the district court may grant the grandparent reasonable visitation rights with the minor child upon a finding that the visitation rights would be in the minor child’s best interest.”

Of course, if a grandparent brings such a suit under this act, the court may appoint a guardian ad litem to represent the child and order family mediation and a psychological evaluation of the child. Parental rights would be ignored.

 Other Resources

Bill Text

Bill History