An Act To Revise the Grandparents Visitation Act
Maine Legislature, Session 128, LD 1670
Committee: Judiciary
Sponsors: CARDONE
Amends: 19-A MRSA §1802, 19-A MRSA §1803, 19-A MRSA §1804, 19-A MRSA §1806

Legislative Document
No. 1670
H.P. 1157
House of Representatives, December 7, 2017
An Act To Revise the Grandparents Visitation Act
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 5, 2017.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §1802, sub-§2 is enacted to read:
2.  Sufficient existing relationship.  "Sufficient existing relationship" means a 
relationship involving extraordinary contact between a grandparent and a child, including 
but not limited to the following circumstances:
A.  The grandparent satisfies the standard for de facto parentage set forth in section 
1891, subsection 3; or
B.  The grandparent has been a primary caregiver and custodian of the child for a 
significant period of time.
Sec. 2.  19-A MRSA §1803, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read:
1.  Standing to seek grandparent visitation rights.  A grandparent of a minor child 
may petition the court has standing to initiate and maintain an action for reasonable rights 
of visitation or access if:
A.  At least one of the child's parents or legal guardians has died;
B.  There is a sufficient existing relationship between the grandparent and the child; 
or
C.  When a sufficient existing relationship between the grandparent and the child 
does not exist, a sufficient effort to establish one has been made.
D.  The absence of contact between the grandparent and the child will substantially 
and negatively affect the child; or
E.  Any other compelling state interest justifies the court's interference with the 
parent's fundamental right to deny the grandparent access to the child.
Sec. 3.  19-A MRSA §1803, sub-§2, as amended by PL 2005, c. 360, §3, is 
further amended to read:
2.  Procedure.  The following procedures apply to petitions for rights of visitation or 
access under subsection 1, paragraph B or C.
A.  The A grandparent must seeking rights of visitation or access shall file with the 
petition for rights of visitation or access initial pleadings an affidavit alleging a 
sufficient existing relationship with the child, or that sufficient efforts have been 
made to establish a relationship with the child.  When the petition and accompanying 
affidavit are filed with the court, the grandparent shall serve a copy of both on at least 
one of the parents or legal guardians of the child under oath sufficient facts to support 
the grandparent's standing under subsection 1.  The pleadings and affidavit must be 
served upon all parents and legal guardians of the child.
B.  The A parent or legal guardian of the child may file who files a pleading in 
response to the pleadings in paragraph A shall also file an affidavit in response to the 
grandparent's petition and accompanying affidavit.  When the affidavit in response is 
filed with the court, the parent or legal guardian shall deliver a copy to the 
grandparent, serving all parties to the proceeding with a copy.
C.  The court shall determine on the basis of the petition pleadings and the affidavit 
affidavits under paragraphs A and B whether it is more likely than not that there is a 
sufficient existing relationship or, if a sufficient relationship does not exist, that a 
sufficient effort to establish one has been made the grandparent has presented prima 
facie evidence of standing under subsection 1.  The court may in its sole discretion, if 
necessary and on an expedited basis, hold a hearing to determine disputed facts that 
are necessary and material to the issue of standing.
D.  If the court's determination under paragraph C is in the affirmative, the court may 
appoint a guardian ad litem as provided in section 1507.  The court shall hold a 
hearing on the grandparent's petition for reasonable rights of visitation or access and 
shall consider any objections the parents or legal guardians may have concerning the 
award of rights of visitation or access to the grandparent.  If the court has appointed a 
guardian ad litem, the court shall also consider the report of the guardian ad litem.  
The standard for the award of reasonable rights of visitation or access is provided in 
subsection 3.
Sec. 4.  19-A MRSA §1803, sub-§3, as amended by PL 2001, c. 665, §§5 and 6, 
is further amended to read:
3.  Best interest of the child.  The court may grant a grandparent reasonable rights of 
visitation or access to a minor child upon finding that the grandparent has standing under 
subsection 1 and that granting the grandparent reasonable rights of visitation or access are 
is in the best interest of the child and would not significantly interfere with any 
parent-child relationship or with the parent's rightful authority over the child.  In applying 
this standard deciding whether granting the grandparent reasonable rights of visitation or 
access is in the best interest of the child and whether it would significantly interfere with 
the parent-child relationship or with the parent's rightful authority over the child, the court 
shall consider the following factors:
A.  The age of the child;
B.  The relationship of the child with the child's grandparents, including the amount 
of previous contact;
B-1.  Whether one or more of the child's parents or legal guardians has died;
C.  The preference of the child, if old enough to express a meaningful preference;
D.  The duration and adequacy of the child's current living arrangements and the 
desirability of maintaining continuity;
E.  The stability of any proposed living arrangements for the child;
F.  The motivation of the parties involved and their capacities to give the child love, 
affection and guidance;
G.  The child's adjustment to the child's present home, school and community;
H.  The capacity of the parent and grandparent to cooperate or to learn to cooperate in 
child care;
I.  Methods of assisting cooperation and resolving disputes and each person's 
willingness to use those methods;
J.  Any other factor having a reasonable bearing on the physical and psychological 
well-being of the child; and
K.  The existence of a grandparent's conviction for a sex offense or a sexually violent 
offense as those terms are defined in Title 34-A, section 11203.
Sec. 5.  19-A MRSA §1804, first ¶, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read:
The court may refer the parties to mediation at any time after the petition is filed a 
court determination pursuant to section 1803, subsection 2, paragraph C that the 
grandparent has standing and may require that the parties have made a good faith effort to 
mediate the issue before holding a hearing.  If the court finds that either party failed to 
make a good faith effort to mediate, the court may order the parties to submit to 
mediation, dismiss the action or any part of the action, render a decision or judgment by 
default, assess attorney's fees and costs or impose any other sanction that is appropriate in 
the circumstances.  The court may also impose an appropriate sanction upon a party's 
failure without good cause to appear for mediation after receiving notice of the scheduled 
time for mediation.
Sec. 6.  19-A MRSA §1806 is enacted to read:
§1806.  Other actions
Nothing in this chapter limits a grandparent's ability to file any action not governed 
by the provisions of this chapter with respect to a child, including but not limited to an 
action to establish de facto parentage of a child under section 1891 and an action for 
guardianship of a child under Title 18-A, Article 5.
SUMMARY
This bill amends the Grandparents Visitation Act to alleviate the constitutional 
concerns raised by the Law Court in Dorr v. Woodard, 2016 ME 79, 140 A.3d 467.  
Specifically, the bill:
1.  Requires that a grandparent seeking access to or visitation with a child under the 
Grandparents Visitation Act demonstrate standing to proceed at the outset of the case 
through a procedure that more closely tracks the procedure for demonstrating standing to 
obtain de facto parentage of a child under the Maine Parentage Act;
2.  Amends the substantive test for a grandparent's standing by defining the type of 
sufficient existing relationship that must exist between a grandparent and a child and by 
eliminating the automatic standing granted under current law to a grandparent when one 
of the child's parents or legal guardians has died;
3.  Prohibits a court from ordering the parties to engage in mediation prior to a court 
determination that a grandparent has made a prima facie showing of standing; and
4.  Clarifies that a grandparent's ability to file an action for de facto parentage or for 
guardianship of a child is not limited by the Grandparents Visitation Act.