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legal separation

Grandparents and Child Custody Part Two

There are three conditions where grandparents can petition the Children's Court for custody of their grandkids. The New Mexico Grandparents Visitation Privileges Act provides the following scenarios:  

We discussed one of those scenarios in our November 28, 2014 installment. That article focused on the Kinship-Guardianship process whereby grandparents can petition for custody and guardianship for their grandchildren in cases where the biological parents have left the children with grandma and grandpa for an extended period of time and with no real end in sight.

Divorce vs. Legal Separation

Recently a new client approached me about the differences between a divorce and legal separation. Often times legal separation can be an effective mechanism for people who are experiencing some very unique circumstances.
 
Despite what one might glean from the internet or television, in New Mexico legal separation and divorce are very similar. The basic underlying difference is that in cases of legal separation, the parties are unable to remarry. In other words, legal separation divides property, assets, debts, etc.
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