When a relationship ends, it’s important for children to stay connected to the important people in their lives, especially their grandparents. Some grandparents find the need to file a formal petition to make sure they have legal rights to see their grandkids. From Scarborough to Freeport, if you’re wondering how to file for grandparents’ visitation rights in Maine, a Maine grandparents’ lawyer can help you protect your rights.
Who Needs Grandparents’ Rights?
Grandparents’ rights are often overlooked in family law, but your bond with your grandchildren is important. If a family breakdown has severed that connection, there are steps you can take to legally preserve that relationship. It’s important to understand the basics of grandparent rights before discussing how to protect those rights.
There are many reasons a grandparent may want to be involved in their grandchild’s life. Divorce or parental separation is one of the more common reasons that a grandparent seeks visitation rights. Parental death is another reason grandparents may seek visitation rights. This is more common than you might realize, as one in 12 U.S. children experiences the death of either a parent or a sibling by the time they turn 18.
Parental incarceration is another reason a grandparent may seek visitation rights. Also, more common than talked about, approximately 1,252,500 children have one parent in a state prison. In many of these cases, visitation laws are crucial for grandparents who provide critical stability for the children of incarcerated parents.
When deep bonds are made through intergenerational ties, research shows that this can lead to better health and longevity for grandparents and improved well-being for children. When the whole family gets along, these bonds grow even deeper, bringing stability to everyone.
Maine’s Grandparents’ Visitation Act
In Maine, the Grandparents’ Visitation Act provides a legal pathway for grandparents and great-grandparents to maintain a relationship with their grandchildren. Maine visitation laws allow grandparents and great-grandparents to seek court-ordered visitation in specific circumstances. When visitation is found to be in the child’s best interest, it is granted. To demonstrate a necessity for visitation, the situation must generally meet one of the conditions listed below:
- One or both of the child’s parents have passed away.
- You have a sufficient existing relationship with the grandchild, which typically means you’ve lived with them for a significant period or have acted as a primary caregiver.
- You have made a significant effort to establish a relationship.
- There’s another compelling state interest that justifies the court’s interference.
How Maine Courts Decide?
Maine courts prioritize the best interest of the child while making sure grandparent visitation does not significantly interfere with the parent-child relationship or parental authority. When deciding whether to grant a grandparent visitation rights, judges consider several factors, including those listed below:
- The child’s age and their own preference (if they’re old enough)
- The nature and quality of the existing relationship between the child and the grandparent(s)
- The mental and physical health of all parties involved
- The stability of the child’s current and proposed living arrangements
- The capacity of both the parents and grandparents to cooperate in care
How to File for Grandparent Visitation Rights in Maine?
Seeking visitation or custody is a formal legal process that involves several steps. You must complete the following to successfully file a grandparent visitation case:
- File a petition for grandparent visitation. Complete and file the proper form in the District Court where the grandchild lives.
- Submit an affidavit. This is a sworn statement describing your relationship and explaining why visitation is being requested.
- Serve involved parties. The parents or guardians of the child must be served with copies of the filed documents.
- Attend mediation. The court often requires participation, with any opposing parties, in mediation to reach a voluntary agreement about your visitation or custody rights before a formal hearing is held.
- Attend a hearing. If an agreement cannot be reached, a judge holds a hearing to review evidence and hear testimony from each side before making a final decision.
It can be difficult to navigate these steps, especially in knowing how to file and serve papers. This can be an emotional and trying process for everyone involved. To protect your rights and represent your case, hire a grandparents’ lawyer to assist in the navigation of the process.
Why Choose Us?
At the Law Offices of Thaddeus V. Day, PLLC, we provide families with the sword and the shield. We protect the rights and interests of our clients while advocating for them in an effectively compassionate manner. For more than 20 years, our law firm has been navigating Maine District Courts as well as Superior Courts.
Grandparent visitation cases are handled, for instance, in North Yarmouth, where our office is located, and are held at the Main District Court on Newbury Street in Portland. We are familiar with this court and other state judicial circles, which, in many cases, is a great advantage for our clients.
FAQs
Can My Adult Child Deny My Ability to Visit My Grandchild?
Generally, yes, your adult child can deny your ability to visit your grandchildren. Parents have the primary right to decide who sees their children. However, grandparents can petition Maine courts for visitation rights. Grandparent visitation may be granted if it’s determined to be in the child’s best interest. For specific legal advice, consult an experienced, local family law attorney familiar with grandparents’ visitation rights.
Can Maine Grandparents Petition for Custody?
Yes, Maine grandparents can petition for custody, and in certain circumstances, they do get a type of custody known as parental rights and responsibilities. Typically, the threshold for approval is much higher than it is for gaining visitation rights. A court usually only grants these rights to a non-parent if living with either parent would put the child in danger of serious neglect or abuse, or if both parents are deceased.
What Are Some Common Mistakes People Make in Grandparent Visitation Cases?
Some of the most common mistakes people make in grandparent visitation cases are failing to prove actual harm, lacking standing to request visitation rights, and coming to court with insufficient or poor documentation. Other mistakes include missing legal deadlines, involving the child in the dispute, aggressive confrontation with the parents, or disparaging parents on social media. One of the biggest mistakes is not hiring a Maine grandparents’ rights attorney.
What Kind of Lawyer Can Assist Me With a Grandparents’ Visitation Issue?
A family lawyer with experience handling grandparents’ visitation cases can provide reliable assistance in Maine. They can discuss your specific situation and prove you have grounds, or a compelling reason, for the court to grant you visitation rights to your grandchild. Reach out to a grandparents’ rights lawyer for legal advice tailored to your specific situation.
Hire a Grandparents’ Rights Lawyer Who Understands Maine Visitation Laws
Hire a grandparents’ rights lawyer who is well-versed in grandparent visitation cases in Maine. The Law Offices of Thaddeus V. Day, PLLC, offers legal services and support for families going through difficult family law issues, such as grandparents’ visitation rights. From Portland to Brunswick, we protect the special bond between grandparents and their grandchildren. We can do the same for you. Contact us to schedule a consultation with a trusted Maine family lawyer.
