Usually grandparents hold a very special place in the hearts of their grandchildren. There are times (and these times are becoming more frequent) where a grandparent’s care for a grandchild can open the door to many other unintended consequences. Under NM law grandparents have the right to petition for grandparents visitation privileges or, even more seriously, petition for custody over a biological parent per the Kinship Guardianship Act. The more involved the grandparent becomes the more likely the court will consider any petition by a grandparent.
The most common situation in which these conflicts arise is when a grandparent provides some sort of daycare for parents who are working and then does something that is objectionable to the parents. The parents retaliate by taking the child or preventing further contact. Then the grandparent feels entitled or wants more interaction and thus a court proceeding ensues. These conflicts can cause many conflicting emotions. That is why families involved with grandparents must be aware of their rights for both the grandparents and the parents.