Maine laws governing grandparent visitation are quite narrow and detailed. Visitation rights are based on one of the child's parents being deceased. The grandparent must prove a "sufficient existing relationship" or a sufficient effort to establish such a relationship. It is stipulated that grandparent visitation cannot interfere with the parent's relationship with the child or impair the parent's "rightful authority."
In awarding visitation, the court must consider a number of factors, including the following:
- The age of the child
- The grandparent-child relationship
- The preference of the child, if old enough to express a preference
- The child's current living arrangements and the desirability of maintaining continuity
- The stability of any proposed living arrangements for the child
- The motivation of the parties involved and their capacities to give the child love, affection and guidance
- The child's adjustment to the existing situation
- The capacity of the parent and grandparent to cooperate in child care
- The willingness of both parties to resolve disputes
- Any other factor impacting the physical and psychological well-being of the child.
The court is also instructed to consider a grandparent's conviction for a sex offense, though such a conviction does not automatically disqualify the grandparent from visitation.
Maine statutes provide for the appointment of a guardian ad litem for the child if deemed necessary. The court may also refer the parties to mediation.
Adoption cuts off all visitation rights of grandparants.
See Maine statutes.
Go back to grandparents rights by state.
