An Act To Implement Recommendations Concerning Domestic Violence and Parental Rights and Responsibilities
Maine Legislature, Session 124, LD 1814
Committee: judiciary
Amends: 19-A MRSA §1653

Legislative·Document 
No. 1814 
H.P.1298 
House of Representatives, March 9, 2010 
An Act To Implement Recommendations Concerning Domestic 
Violence and Parental Rights and Responsibilities 
Reported by Representative PRIEST of Brunswick for the Joint Standing Committee on 
Judiciary pursuant to Resolve 2009, chapter 120. 
Reference to the Committee on judiciary suggested and ordered printed pursuant to Joint 
Rule 218. 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-AMRSA §1653,sub-§1, ~C, as enacted by PL 200]' c. 329, §I, is 
·amended to read: 
C. The Legislature finds and declares that, except when a court determines that the 
best interest of a child would not be served. it is the public policy of this State to 
assure minor children of frequent and continuing contact with both parents after the 
parents have separated or dissolved their marriage and that it is in the public interest 
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to encourage parents to share the rights and responsibilities of child rearing in order 
to effect this policy. 
Sec. 2. 19-A MRSA §1653, sub-§3,~, as enacted by PL 1995, c. 694, P1. B, §2 
and affected by P1. E, §2, is amended to read: 
L. The existence of domestic abuse between the parents, in the past or 'currently, and 
how that abuse affects: 
(1) The child emotionally; aM 
(2) The safety of the child; and 
(3) The other factors listed in .this subsection, which must be considered in light 
of the presence of pastor current domestic abuse; 
Sec. 3. 19-A MRS A §1653, sub-§3, ~Q, as amended by PL 2005, c. 567, §2, is 
fllIiher amended to read: 
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Q. The existence of a parent's conviction for a sex offense or a sexually violent 
offense as those terms are defined in Title 34-A, section 11203; aRE!: 
Sec.'4. 19-A MRSA §1653, sub-§3, ~, as enacted by PL 2005, c. 567, §3, is 
amended to read: 
R. If there is a person residing with a parent, whether that person: 
(1) 
Has been convicted of a crime under Title 17-A, chapter 11 or 12 or a 
comparable crime in anotherjurisdiction; 
(2) Has been adjudicated of a juvenile offense that, if the person had been an 
adult at the time of the offense, would have been a violation of Title 17-A, 
chapter 11 or 12; or 
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(3) Has been adjudicated in a proceeding, in which the person was a pmiy, under 
.. ·Title 22, chapter 1071 as having committed a sexual: offense7; and 
Sec. 5. 19-A MRSA §1653, sub-§3, ~S is enacted to read: 
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S. Whether allocation of some or all pal~ental rights and responsibilities would best 
suppOli the child's safety and well-being. 
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SUMMARY 
This bill adds an exception to the public policy in favor of a child's contact with both 
pareilts and shared parental rights and responsibilities when thecoLll1 determines that the 
contact or an award of shared parental rights and responsibilities would not bein the best 
interest of the child. 
This bill requires the coul1 to consider how the existence of 
domestic abuse betwecn the parents would affect the other best iliterest factors. This bill 
also adds another factor to the list of best interest factors that would require the COLII1 to 
consider whether allocation of some or all parelital rights and responsibilities would best 
supp0l1 the child's safety and well-being. 
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