Pillars v. Thompson

I dissent with the majority opinion. The alternative writ of prohibition issued in this case should be made permanent because the district court lacks subject matter jurisdiction to determine the merits of Mr. Merrifield’s petition for grandparent visitation privileges.

Mr. Merrifield filed a petition for grandparent visitation privileges pursuant to the Visitation by Grandparents Act, NMSA 1978, Sections 40-9-1 to -4 (Repl.Pamp. 1983). However, the Visitation by Grandparents Act expressly denies grandparent visitation privileges after adoption. This express denial is found in NMSA 1978,…