New Mexico Statutes

N.M. Stat. § 40-9-4 (2026)

Change of child's domicile; notice to grandparent.

✓ current as of May 2026

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A. When a grandparent is granted visitation privileges with respect to a minor child
pursuant to the provisions of the Grandparent's Visitation Privileges Act and the child's
custodian intends to depart the state or to relocate within the state with the intention of
changing that child's domicile, the custodian shall:

     (1)    notify the grandparents of the minor child of the custodian's intent to
change the child's domicile at least five days prior to the child's change of domicile;

      (2)     provide the grandparent with an address and telephone number for the
minor child; and
       (3)     afford the grandparent of the minor child the opportunity to communicate
with the child.

    B. This state will recognize an order or act regarding grandparent visitation
privileges issued by any state, district, Indian tribe or territory of the United States of
America.

History: 1978 Comp., § 40-9-4, enacted by Laws 1993, ch. 93, § 5; 1995, ch. 58, § 2.

                                      ANNOTATIONS

Repeals and reenactments. — Laws 1993, ch. 93, § 5 repealed former 40-9-4 NMSA
1978, as enacted by Laws 1979, ch. 13, § 4, relating to applicability of article, and
enacted a new section, effective July 1, 1993.

The 1995 amendment, effective June 16, 1995, redesignated the subsections, inserted
"or to relocate within the state" in Subsection A, substituted "change of domicile" for
"departure from the state" in Paragraph (1) of Subsection A, and added Subsection B.

Notes of Decisions

Cited in 3 cases, 1985–1993 · leading case: Christian Placement Serv. v. Gordon, 697 P.2d 148 (N.M. Ct. App. 1985).

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Christian Placement Serv. v. Gordon, 697 P.2d 148 (N.M. Ct. App. 1985). · cites it 6× “Citing Section 40-9-4, Wiley contends that her rights to visitation end with the termination or relinquishment of the natural parent’s parental rights.”

Vest v. State Ex Rel. New Mexico Human Servs. Dep't, 866 P.2d 1175 (N.M. Ct. App. 1993). · cites it 2× “See § 40-9-4. These situations in which grandparent visitation can be ordered are also the only situations in which the Adoption Act permits court approval of a petition to adopt a child *1195 even though the child has not been placed for the purpose of adoption in the home of…”

Pillars v. Thompson, 712 P.2d 1366 (N.M. 1986). · cites it 6× “Section 40-9-4 provides that the Grandparent Visitation Act shall have no application “in the event of a relinquishment or termination of parental rights in cases of statutory adoption.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.