Maine § 19-A §1653 Parental rights and responsibilities

Maine Statutes

§ 19-A §1653 — Parental rights and responsibilities

Maine·Title 19-A DOMESTIC RELATIONS·Part 3 PARENTS AND CHILDREN·Ch. 55 RIGHTS AND RESPONSIBILITIES

1.Legislative findings and purpose. The Legislature makes the following findings concerning relationships among family members in determining what is in the best interest of children.

2.Parental rights and responsibilities; order. This subsection governs parental rights and responsibilities and court orders for parental rights and responsibilities.

3.Best interest of child. The court, in making an award of parental rights and responsibilities with respect to a child, shall apply the standard of the best interest of the child. In making decisions regarding the child's residence and parent-child contact, the court shall consider as primary the safety and well-being of the child. In applying this standard, the court shall consider the following factors:

4.Equal consideration of parents. T

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1.
Legislative findings and purpose.
The Legislature makes the following findings concerning relationships among family members in determining what is in the best interest of children.
2.
Parental rights and responsibilities; order.
This subsection governs parental rights and responsibilities and court orders for parental rights and responsibilities.
3.
Best interest of child.
The court, in making an award of parental rights and responsibilities with respect to a child, shall apply the standard of the best interest of the child. In making decisions regarding the child's residence and parent-child contact, the court shall consider as primary the safety and well-being of the child. In applying this standard, the court shall consider the following factors:
4.
Equal consideration of parents.
The court may not apply a preference for one parent over the other in determining parental rights and responsibilities because of the parent's gender or the child's age or gender.
5.
Departure from family residence.
The court may not consider departure from the family residence as a factor in determining parental rights and responsibilities with respect to a minor child when the departing parent has been physically harmed or seriously threatened with physical harm by the other parent and that harm or threat of harm was causally related to the departure, or when one parent has left the family residence by mutual agreement or at the request or insistence of the other parent.
5-A.
Effect of protective order.
Although the court shall consider the fact that a protective order was issued under former chapter 101 or chapter 103, the court shall determine the proper award of parental rights and responsibilities and award of rights of contact de novo and may not use as precedent the award of parental rights and responsibilities and rights of contact included in the protective order.
6.
Conditions of parent-child contact in cases involving domestic abuse.
The court shall establish conditions of parent-child contact in cases involving domestic abuse as follows.
6-A.
Custody and contact limited; convictions for sexual offenses.
The award of primary residence and parent-child contact with a person who has been convicted of a child-related sexual offense is governed by this subsection.
6-B.
Conviction or adjudication for certain sex offenses; presumption.
There is a rebuttable presumption that the petitioner would create a situation of jeopardy for the child if any contact were to be permitted and that any contact is not in the best interests of the child if the court finds that the person seeking primary residence or contact with the child:
6-C.
Forensic risk assessment.
Upon motion from either party or upon the court’s own motion, the court may order a parent to complete a forensic risk assessment performed by a licensed clinical social worker, psychologist or psychiatrist qualified to conduct psychosexual evaluations.
6-D.
Considerations for cases in which a child is conceived as a result of sexual assault or nonconsensual removal of or tampering with a condom.
The court shall establish conditions of parent-child contact in cases in which a child was conceived as a result of sexual assault as described in Title 17‑A, chapter 11 or as a result of nonconsensual removal of or tampering with a condom as described in Title 14, section 8305, subsection 2 as follows.
7.
Violation of order concerning parental rights and responsibilities and contact.
Either parent may petition the court for a hearing on the issue of noncompliance with the order issued under subsection 2. If the court finds that a parent has violated a part of the order, the court may find that parent in contempt and may:
8.
Child support order.
The court may order conditions of child support as follows.
9.
Enforcement of child support order.
The court may enforce a child support order as provided in chapter 65.
10.
Modification or termination.
Upon the petition of one or both of the parents, an order for parental rights and responsibilities with respect to a minor child may be modified or terminated as circumstances require.
11.
Mediation.
Prior to a contested hearing under this chapter relating to initial or modified orders, the court shall refer the parties to mediation as provided in chapter 3.
12.
Termination of order.
A court order requiring the payment of child support remains in force as to each child until the order is altered by the court or until that child:
13.
Automatic adjustments.
14.
Notice of relocation.
The order must require notice of the intended relocation of a child by a parent awarded shared parental rights and responsibilities or allocated parental rights and responsibilities. At least 30 days before the intended relocation of a child by a parent, the parent shall provide notice to the other parent of the intended relocation. If the relocation must occur in fewer than 30 days, the parent who is relocating shall provide notice as soon as possible to the other parent. If the parent who is relocating believes notifying the other parent will cause danger to the relocating parent or the child, the relocating parent shall notify the court of the intended relocation, and the court shall provide appropriate notice to the other parent in a manner determined to provide safety to the relocating parent and child.

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Legislative History

PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 187, §§2,3 (AMD). PL 1997, c. 187, §5 (AFF). PL 1997, c. 403, §1 (AMD). PL 1997, c. 403, §4 (AFF). PL 1997, c. 415, §3 (AMD). PL 1997, c. 415, §5 (AFF). PL 1999, c. 702, §§1-3 (AMD). PL 2001, c. 273, §1 (AMD). PL 2001, c. 329, §§1,2 (AMD). PL 2001, c. 665, §§1-4 (AMD). PL 2003, c. 711, §C1 (AMD). PL 2005, c. 323, §12 (AMD). PL 2005, c. 366, §§2,3 (AMD). PL 2005, c. 567, §§1-3 (AMD). PL 2007, c. 142, §1 (AMD). PL 2007, c. 513, §§2, 3 (AMD). PL 2009, c. 290, §6 (AMD). PL 2009, c. 345, §1 (AMD). PL 2009, c. 593, §§1-5 (AMD). PL 2011, c. 597, §4 (AMD). PL 2015, c. 494, Pt. A, §11 (AMD). PL 2015, c. 509, §4 (AMD). PL 2017, c. 30, §1 (AMD). PL 2021, c. 14, §2 (AMD). PL 2021, c. 174, §8 (AMD). PL 2021, c. 360, §6 (AMD). PL 2021, c. 577, §1 (AMD). PL 2021, c. 647, Pt. B, §§46, 47 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). PL 2023, c. 90, §1 (AMD). PL 2023, c. 298, §2 (AMD). PL 2023, c. 646, Pt. C, §5 (AMD).