Maine Motion for Supervised Visitations

State:
Multi-State
Control #:
US-03343BG
Format:
Word; 
Rich Text
Instant download

Description

Supervised visitation may be ordered by a court where the non-custodial parent:


" has a drug or alcohol abuse problem;

" has had trouble controlling anger;

" may have been involved in inappropriate sexual behavior with the child;

" engaged in child abuse, neglect or abandonment;

" engaged in domestic violence;

" has a mental illness;

" has a substance abuse problem; and/or

" as a criminal history.


The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.


Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.


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

19-A MRS §1803 states, "a grandparent of a minor child has standing to initiate and maintain an action for reasonable rights of visitation or access if: There is a sufficient existing relationship between the grandparent and the child; or any other compelling state interest justifies the court's interference with the ...

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.

A "de facto" parent is a person recognized by a court or "adjudicated" as a parent because of a permanent, committed relationship with the child. This designation does not take away rights and responsibilities from a child's other legal parent(s).

"Abandonment" means any conduct on the part of the parent showing an intent to forego parental duties or relinquish parental claims. The intent may be evidenced by: A. Failure, for a period of at least 6 months, to communicate meaningfully with the child; [PL 1995, c.

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.

The parent has acted toward a child in a manner that is heinous or abhorrent to society or has failed to protect a child in a manner that is heinous or abhorrent to society, without regard to the intent of the parent; [PL 1995, c. 481, §3 (AMD).]

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 Motion for Supervised Visitations