Grandparents Rights In Maine

As part of an open divorce, parentage, or custody proceeding in Maine, a biological parent of a minor child may request visiting rights. If none of these criteria applies, a parent seeking visitation may submit a petition for visitation.

The court will determine if granting a parent visitation is in the “best interests of the child” while considering a visitation request.

The health and well-being of the kid; parental and child preferences for contact; the child’s age; and the likelihood that each parent will participate with a visitation plan are all factors examined in a child’s “best interests.”

If you’re worried about a parent limiting your contact with your grandchild during or after a divorce, separation, or the death of the other parent, you may be able to get court-ordered time from your state’s family court. This article will explain grandparents in Maine.

Grandparent Visitation Rights In Maine

You bear the “burden of proof” (obligation to present sufficient evidence) for demonstrating suitable legal grounds for requesting court-ordered time, as well as proving that your visits serve the child’s best interests while not infringing on the parent’s time or parental authority.

To begin, determine your legal grounds for asking time:

• One or both parents have passed away.
• You and the child already have a relationship.
• You’ve made a concerted effort to build a relationship.

Unless the planned visits are in response to the loss of a parent, you must provide a statement with your request that describes the depth of your relationship (or your efforts to develop one).

Then, using any relevant evidence, you must prove that the proposed time is in the child’s best interest, including but not limited to:

• The age, physical health, and emotional well-being of the child.
• The grandparent’s relationship with the child. 
• If he or she is old enough to express an opinion, the child’s preferences.
• The transition of the child to his or her existing home, school, and community.
• Cooperation and communication between the parent, grandparent, and those involved in the child’s care in the past.
• Any history of parental or grandparental sexual or physical abuse.
• Any history of parental or grandparent neglect or emotional abuse
• The child’s educational and safety needs the grandparent’s history of caregiving or parenting on behalf of the parent.
• The mental health of the grandparents and any previous or current drug or alcohol usage.

If the court determines that visitation serves the child’s best interests and the visits are supervised by a professional agency or a family member with a clean criminal record, a grandparent convicted of sexual abuse may be permitted visitation under grandparents in Maine.

Grandparent Custody Rights In Maine

Suppose a child’s parents consent, their legal rights are ended, or they are unable to care for their kid because they are incarcerated, hospitalized, or otherwise unable to maintain their role as primary caregivers. In that case, anybody can request to be appointed as a temporary guardian.

Similarly, any relative or non-relative can petition the court for custody by demonstrating that the natural or legal parents are unfit to provide a child with a secure and supportive living environment. After proving that the child’s parents are unfit, you must establish that having the child live with you is in the child’s best interests, taking into account the child’s health, safety, and general well-being.

Grandparent Visitation Rights Procedure In Maine

To begin, you must file a “petition” (a formal written request) in the county where the kid resides or in the court that has jurisdiction over your grandchild’s custody and grandparents in Maine. Unless you’re requesting visitation after one or both parents died, you’ll describe your current relationship (or attempts to create one) with the child in your petition, as well as your suggested timetable for court-ordered time. You can ask the court to “alter” (update) or enforce an existing visitation order if you desire extra time or the child’s parent is blocking you from visiting.

You must notify at least one of the child’s parents after filing your request. The court may force you to seek to reach an agreement with the child’s parent by participating in mediation with the child’s parent before scheduling a hearing. A mediator’s agreement can be brought to a judge for approval as a court order.

Do grandparents have rights in Maine?

Grandparents in Maine have the legal right to petition the court for reasonable visitation with their grandchildren if the following conditions are met:

• Either one or both parents pass away.
• The link between the grandmother and the child is well-established.
• The grandmother has made a concerted effort to form a bond with the child.

FAQs

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