Maine Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child

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Multi-State
Control #:
US-01121BG
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Description

In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Code §§ 2351 & 2361. other individuals. The guardian should include the person in decisions to allow or limit contact if the person has the mental capacity to make an ?intelligent decision.? If the guardian denies contact, the person or another individual can petition the court for a contact order.

Grandparent visitation or access. A grandparent who is designated as an interested person or a participant under section 4005?D or who has been granted intervenor status under the Maine Rules of Civil Procedure, Rule 24 may request the court to grant reasonable rights of visitation or access.

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.

Maine judges must consider the child's custodial preference whenever the child is old enough to have a meaningful opinion. There is no set age when the court will consider the child's opinion; the judge decides whether the child is "old enough" on a case-by-case basis.

In Massachusetts, we have a legal procedure that allows grandparents to petition the Probate and Family Court for court-ordered visitation with their grandchildren.

All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.

Grandparents' Rights Under Federal Law Essentially, parents have a fundamental right to decide who their child spends time with, but if the court believes spending time with the grandparent(s) is in the child's best interest, they may issue a court order.

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Maine Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child