Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.
Maine USLegal Guide to Grandparent Visitation
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US-GDE-04
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Grandparents have no legal right to make important decisions for the child. With power of attorney from parents, grandparents' custody is strengthened. Parents can take the child back and terminate power of attorney at any time. Parents still have full legal rights.
Except as otherwise limited by the court, a guardian of a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health and welfare. A guardian shall act at all times in the best interest of the minor and exercise reasonable care, diligence and prudence. Title 18-C, §5-207: Duties of guardian - Maine State Legislature maine.gov ? statutes ? title18-Csec5-207 maine.gov ? statutes ? title18-Csec5-207
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.
Some states are permissive because they do not have any firm laws on the subject of grandparent visitation. States including Hawaii, Tennessee, Washington, and California don't have firm laws because the state Supreme Court as well as the federal court system declared their prior statutes unconstitutional.
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. Maine Child Custody Laws - DivorceNet DivorceNet ? resources ? maine-chil... DivorceNet ? resources ? maine-chil...
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.
Parental rights can be terminated voluntarily by a parent or they can be terminated involuntarily and enforced by a family court. Usually, parental rights are involuntarily terminated to allow for a stepparent, agency, or independent adoption. An official court order decrees when your parental rights are terminated. Terminating Parental Rights in California - Claery & Hammond, LLP claerygreen.com ? family-law-blog ? june claerygreen.com ? family-law-blog ? june
Under Maine law, the legal guardian of a minor ?has the duties and responsibilities of a parent regarding the minor's support, care, education, health, and welfare.? The child's parents remain their child's legal parents?their rights are not terminated but are mostly suspended. KINSHIP CARE & MINOR GUARDIANSHIP maine.edu ? wp-content ? uploads ? sites maine.edu ? wp-content ? uploads ? sites