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The law does not give grandparents any automatic rights to see their grandchildren. So, in almost every case, parents can keep children away from grandparents if they choose to. This doesn't mean grandparents have no other options.
You must be able to show the court that:At least one of the child's parents or legal guardians has died; or.You have a "sufficient existing relationship" with your grandchild; or.You do not have a sufficient existing relationship but you have made a "sufficient effort" to have such a relationship.
The home the children live in a majority of the time is referred to as their primary residence. If the children spend an equal amount of time with each parent throughout the course of a year, parents may have shared primary residence.
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.
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.
In the context of child custody cases, focusing on the child's "best interests" means that all custody and visitation discussions and decisions are made with the ultimate goal of fostering and encouraging the child's happiness, security, mental health, and emotional development into young adulthood.
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.
Maine law does not deem the unmarried biological father of a baby to be a legal parent. This means that the baby can lose important rights, like the right to inherit property or benefits. It also means that if the mother dies an untimely death, there could be a major legal dispute about where the child should live.
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.
When parents are married, the Maine law presumes that the spouse is the father/parent of the child. If the spouse is the father/parent, nothing else needs to be done. Paternity is established by presumption. Paternity is also presumed in several other ways.