why grandparents in maine need a lawyer

With the aid and support of an experienced family law attorney versed in Maine’s specific regulations, grandparents can understand what factors will improve their chances at winning their grandchild’s custody. If the grandparents will not be able to win full custody, an attorney can help to facilitate court-ordered child visitation rights.

Full Answer

What legal rights do grandparents have?

According to Theron, grandparents are legally "considered interested third parties" and, via The Children's Act, "have the right to apply for contact with the child – either through the Children's Court or the High Court."

How do I file for grandparents rights in Maine?

A grandparent seeking rights of visitation or access shall file with the initial pleadings an affidavit alleging under oath sufficient facts to support the grandparent's standing under subsection 1. The pleadings and affidavit must be served upon all parents and legal guardians of the child.

Can a grandparent just take custody of grandchild?

Grandparents can also get custody of their grandchildren in situations where parents are unable to care for their children. This can be done by grandparents obtaining temporary or permanent custody which is also known as special or legal guardianship. Grandparents also have the option of adopting their grandchildren.

Do grandparents have legal parental responsibility?

As a grandparent you do not have parental responsibility for your grandchild. The parents would normally have parental responsibility and as a result are able to make the decisions about the day to day care and welfare of the child unless the Court makes an alternative order.

At what age can a child decide which parent to live with in Maine?

The older and more mature a child is the more weight that a child's preference will have on custody. One Maine court has specifically stated that the opinion of a child aged 12 or older should carry a lot of weight. Another court has also stated that the opinion of a 4-year-old won't factor into the custody decision.

How do I get a guardian ad litem in Maine?

Complete the Maine Guardian ad Litem Roster Application including:A criminal history background check;A child protection background check by the Maine Department of Health and Human Services;For attorney applicants, a certificate of good standing, including a disciplinary history letter;More items...

How do I get custody of my grandchild?

The only manner in which you can obtain Parental Responsibility for your grandchildren is by obtaining a Residence Order (formerly known as Custody) or Special Guardianship Order.

Can grandparents get a child arrangement order?

If an application is successful, a grandparent will have permission to apply to the Court for a Child Arrangements Order. Once permission has been obtained, a grandparent will then need to apply for a Child Arrangements Order.

What to do when you are not allowed to see your grandchildren?

The issue of whether or not visitation rights extend to grandparents is a matter for the family courts to decide. You may wish to consult with and/or obtain the services of an attorney who practices in the area of family law in your State.

How does a grandparent get parental responsibility?

The relevant options for grandparents, assuming the child's parents are still living, are to apply to the court for a child arrangements order or a special guardianship order. With these orders the grandparent would automatically be given parental responsibility for the child (in varying levels).

Can grandparents sue for visitation?

The short answer to this is, no - grandparents do not have any automatic legal rights.

Who can acquire parental responsibility?

Who can have parental responsibility for a child? The mother who gives birth always has parental responsibility, as does her spouse (if a legal parent of the child), anyone properly registered on the birth certificate as a legal parent, and anyone who is granted an adoption order or a parental order.

When did the Maine Supreme Court rule that it is not the court's place to interfere with a parental decision to

In November of 2002 , the Maine Supreme Court concluded and officially ruled that it is not the court’s place to interfere with a parental decision to preclude their children from seeing their grandparents.

How to get grandparent permission to visit grandchildren?

If you meet any these criteria, you may file a petition with the court requesting grandparent visitation rights to see your grandchildren. You must file your petition with the district court where your grandchildren live if they reside in a different district from you, and you can do this by mail if necessary.

What happens if you can't work out a resolution with your grandchildren?

If you cannot work out a resolution with the parents of your grandchildren, you may have a right to request an award of “reasonable rights of visitation or access” from the court, but you must meet certain criteria. If you only spend nominal time with your grandchildren, the court will not award your request for visitation rights.

Can a grandparent be a grandparent in Maine?

Maine, however, does not see it that way, and its statute is very clear about the legal rights of a grandparent.

Can my grandchildren's parents cooperate in court?

Your grandchildren’s parents have the right to engage in the process or refuse to cooperate. Either way, document your good faith effort in resolving this matter prior to approaching the court, whether you go it alone or enlist help, because you will need this to proceed. Assess Your Qualifications.

Can you change your rights as a grandparent?

The only time your rights as a grandparent would change would be if someone else adopted your grandchildren. You also have the right to request to be present during any child protection proceeding of your grandchildren, and you will be included in the hearings if the court deems it appropriate.

What is the absence of contact between grandparent and child?

The absence of contact between the grandparent and child will substantially and negatively affect the child; or. Another compelling state interest justifies the court’s interference with the parent’s fundamental right to deny the grandparent access to the child.

What is a grandparent's standing?

A grandparent has "standing," i.e., the right to file and be heard in a case for reasonable rights of visitation if: There is a sufficient existing relationship between the grandparent and the grandchild; The absence of contact between the grandparent and child will substantially and negatively affect the child; or.

Is a grandparent a de facto parent?

This includes the following circumstances: The grandparent satisfies the standard for being a “de facto” parent (see Ways to Become a Parent page); or. The grandparent has been a primary caregiver and custodian of the child for a significant period of time.

Do grandparents visit children?

Grandparents' Visitation. Children often benefit greatly from contact with a wide circle of family members, including grandparents (the term grandparents used in this section includes great-grandparents). In most cases, however, parents have the right to make decisions about their children, and this includes whether the children will visit ...

Can a grandparent visit a grandchild?

In most cases, however, parents have the right to make decisions about their children, and this includes whether the children will visit with their grandparents. In special circumstances, a grandparent may ask the court to grant visitation with a grandchild.

Who will listen to you and your parents?

The judge will listen to both you and the parents, as well as any other witnesses called by either side. Court rules of evidence and procedure will apply even if you are not an attorney. The judge must then decide if giving you visits would:

What to do if you can't make it to court?

If you cannot make it to court on the day and time or if you are running late you should call the court clerk and the attorney or person on the other side and let them know and ask the court for more time and to reschedule the court date. Lawyers call this asking for a “continuance.”. 4.

How to file a court case without paying fees?

When you file your papers you may have to pay a fee to the clerk. If you cannot afford to pay the fee, you should submit a request to file without paying the fees. The court clerk’s office should have these forms for you to fill out. You will have to tell the court how much income you have and any expenses. You should file this paperwork with the clerk. Then the judge will decide how much you will have to pay. These are the forms you will need to fill out.

What is a guardian ad litem?

A guardian ad litem or “GAL” is a person, usually an attorney, who will represent the child’s best interests in court at the hearing. The GAL will investigate the case and will likely talk with each person in the case and may go to your home. You should cooperate with the GAL as much as possible.

How to become an interest person?

Option 1. To become an "interested person" you must show that you have a "substantial relationship" or "substantial interest.". If you become an "interested person," you may attend all court proceedings, unless the court finds good cause not to include you.

Can a judge change a visitation order in Maine?

Yes. A judge can change or cancel a visitation order if circumstances change and one of the parties goes back to court to ask for a change. Also, you can appeal the judge's decision to the Maine Supreme Judicial Court. The deadline is 21 days from the judge's decision.

Can grandparents see grandchildren in Maine?

In Maine, some grandparents and great-grandparents may ask a court to give them contact or visitation with their grandchildren. But, children’s parents usually have the right to decide how to raise their children including if the grandparents can see their grandchildren. Therefore, except in urgent cases or where the grandparents have actually ...

What is the Maine law on grandparent rights?

19-A MRS §1803 states, "a grandparent of a minor child has standing to initiate and maintain an action for reasonable rights of visitation or access if: There is a sufficient existing relationship between the grandparent and the child;

What is a grandparent?

19-A MRS §1802 defines a grandparent as, “a parent of a child's parent or the parent of the parent of a child's parent. 'Grandparent' includes a parent of a child's parent whose parental rights have been terminated pursuant to Title 18-C, section 9-204 or Title 22, chapter 1071, subchapter 6, but only until the child's adoption.".

How to get custody of a grandchild after one parent dies?

First, you will need to file a "petition ," ( formal written request) in the county where the child lives or in the court making custody and visitation orders regarding your grandchild. In your petition, unless you are requesting visitation after one or both parents died, you will describe your existing relationship (or efforts to establish one) ...

How to reach an agreement with a child's parent?

Before scheduling a hearing, the court may require you to attempt to reach an agreement with the child's parent by participating in mediation with the child's parent. An agreement reached in mediation can be presented to the judge to adopt as a court order.

How long does it take for a grandchild to be adopted?

If your grandchild is placed for adoption with another family after you have court-ordered visits, you may be allowed to continue exercising your rights while the adoption is pending if it takes longer than 18 months to be finalized.

Can a grandparent be granted visitation?

A grandparent convicted of sexual abuse may be granted visitation if the court finds it serves the child's interests and a professional agency or family member with a clean criminal background supervises the visits.

Can you request court time for grandchild?

If you are concerned about a parent limiting your time with your grandchild during or after divorce, separation, or the other parent's death, you may be able to request court-ordered time from the family court in your state.

Can a parent be a temporary guardian?

Anyone can ask to be appointed as a temporary guardian if a child's parents consent, their legal rights are terminated, or they are unable to care for their child because they are incarcerated, hospitalized, or otherwise unwilling to maintain their role as primary caretakers.

Can grandparents visit grandchildren in Maine?

In Maine, grandparents have a legal right to ask the court for reasonable visitation with their grandchildren if: one or both parents die. the grandparent and child have an established relationship, or. the grandparent has made a significant effort to develop a relationship with the child.

Can a divorce judgement be changed in Maine?

Maine divorce law stipulates that the terms of a divorce judgement can be enforced or changed if either party does not satisfy the terms of the arrangement. If you have already been through a divorce and your former spouse is behind on child support, spousal support, or is not following the terms of your settlement, we will: ...

Can grandparents visit their grandchildren in Maine?

Grandparent Rights. Maine Law specifies that grandparents are entitled to visitation or access to their minor grandchildren under any of the following circumstances: One of the child’s parents are legal guardians has died. The grandparent had an existing relationship with the child.

Can a grandparent have a relationship with a child in Maine?

The grandparent had an existing relationship with the child. The grandparent made an attempt to establish a relationship with the child. The Maine Grandparent Rights Law gives grandparents a legal avenue to seek access to grandchildren, but the court heavily weighs the opinions and desires of parents and legal guardians.