Grandparent Visitation Rights in Maine

Ideally, during or after a marriage breakdown, whether by separation or divorce, the children maintain contact with all the important people in their lives, including their grandparents.

Sometimes, however, a parent limits the time a child spends with grandparents. If this is affecting you or your grandchild, you may be able to request court-ordered visitation time from the Maine family court.

Let’s take a look at the legal rights to visit grandchildren and how to request visitation from the court…

In Maine, parental rights are some of the strongest rights imparted to any individual. The same does not apply to grandparent rights.

Generally speaking, the courts leave it up to the parents to decide who their children can and cannot spend time with. A general presumption exists that parents will act in the best interests of their children—unless this is proven not to be the case.

So, unless it can be shown that preventing a grandparent from visiting the grandchildren is not in the best interests of the child, the courts will generally not interfere.

If you feel you have a case to assert grandparent visitation rights, you can petition a court to provide visitation with your grandchildren.

Most problems between grandparents and parents are best solved out of court, with calm discussion or mediation. It is relatively rare to require court intervention.

However, if you need to start preparing for a court case, you can put your observations in writing via a letter sent by certified mail to the parent(s). Make notes of relevant conversations you have, detailing the dates, times, participants, location, and nature of the conversation, plus any other pertinent information.

If you have aired your concerns and tried to discuss the matter with the parent(s) but are still not able to see your grandchildren, court action may be the only option available to you.

Grandparents can ask the Maine family court to provide “reasonable rights of visitation or access” to their grandchildren.

To be successful, you must be able to show either of the following:

• You have a “sufficient existing relationship” with your grandchild, or
• Another compelling reason exists for the court to intervene and challenge fundamental parental rights to make decisions for their children.

When seeking court-ordered grandparent visitation rights in Maine, the burden of proof is on the complainant.

If you are asking for visitation rights based on a “sufficient existing relationship” with the grandchild, you will need to prove that your visits are in the child’s best interests and do not interfere with parental access or authority. The court will also want to know what efforts you have made to address the situation directly with the parents.

You should explain your relationship with your grandchild—or your efforts to establish one—in a statement with your request. If you have performed parental duties for the child for an extended period in the recent past, this will strengthen your case.

To prove that you should be granted court-ordered visitation, work with your family lawyer to prepare evidence that proves:

• Cooperation and communication between you, the parent, and others involved in the care of the child
• Any history of sexual, physical or mental abuse or neglect by the parent
• Any history of mental health or substance abuse by a parent
• Your history of caregiving or parenting on behalf of the parent
• The child’s relationship with you
• The child’s age, physical health, and emotional well-being
• The child’s preferences (if mature enough to state an opinion)
• The child’s adjustment to the current home, school, and community
• The child’s educational and safety needs

To request court-ordered grandparent visitation in Maine, you will need to follow these basic steps:

1. Write a petition to the court by completing the Petition for Grandparent or Great-Grandparent Visitation form.
2. Prepare an affidavit or sworn statement with your lawyer or a notary public, describing your relationship with your grandchild in detail and explaining the reasons why you should be allowed visitation. If your request is based on an urgent threat to the child’s best interests, this should be explained in detail.
3. Prepare supporting evidence, such as photographs, letters, or witness statements, and attach them to your affidavit.
4. File the petition, affidavit, and evidence in the District Court where the child lives and make at least three copies of all paperwork.
5. Pay the fee or, if you cannot afford it, request to file without a fee by completing the appropriate form (the court clerk can provide this if you don’t have a lawyer).
6. Serve the parents or legal guardians with copies of the petition by certified mail or in person by someone over the age of 18 not involved with the case. This informs the parents or guardians of the legal action.
7. File a copy of all paperwork with your lawyer (or file them safely at home if you haven’t appointed a lawyer).

It’s generally best to work with a family lawyer to complete these steps as there may be legal complexities and hurdles to navigate.

The fact that you must serve court papers on the parents or guardians after filing a court petition tells you that they must be involved in the decision-making when it comes to granting visitation rights to grandparents.

The parents are within their rights to respond to the petition asking the court not to grant visitation. You will receive notification of the response and the matter will then go before a judge.

Note that if the parents claim that visitation rights for the grandparent should be denied because of a past criminal conviction, it doesn’t automatically preclude the possibility of grandparent visitation being ordered. If the court deems that grandparent visits are in the best interests of the children, supervised visits can be ordered with a professional agency or another family member.

If one or both parents have died, this may prompt a custody or guardianship case rather than a visitation rights case.

In such cases, no parental rights apply and a grandparent will need to prove that he/she is the best person to raise the child.

If the parents are still alive, a grandparent seeking custody or guardianship of a child will find it far more challenging. The courts must be satisfied that the biological parents are unfit to care for the child and cannot provide a safe and supportive living environment.

Technically, anyone can apply for temporary custody or guardianship of a child in Maine if the parents consent, if the parents’ legal rights are terminated, or if they are unable to care for their child due to incarceration, hospitalization, or another reason. The applicant must prove to the court that custody or guardianship is in the best interests of the child’s physical and mental health, safety, and general welfare.

If you need legal assistance with grandparent visitation rights in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.