An Act Regarding Visitation Rights of Grandparents
Maine Legislature, Session 131, LD 1079
Committee: Judiciary
Sponsors: POULIOT, STEWART, LYMAN, MORRIS
Amends: 19-A MRSA §1802, 19-A MRSA §1803, 22 MRSA §4005-H

Legislative Document
No. 1079
S.P. 448
In Senate, March 9, 2023
An Act Regarding Visitation Rights of Grandparents
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator POULIOT of Kennebec.
Cosponsored by Senator STEWART of Aroostook, Representative LYMAN of Livermore 
Falls and
Representative: MORRIS of Turner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §1802, sub-§1, as amended by PL 2019, c. 197, §2 and 
affected by c. 417, Pt. B, §14, is further amended to read:
1.  Grandparent.  "Grandparent" is a parent of a child's parent or the parent of the 
parent of a child's parent.  "Grandparent" includes a parent of a child's parent whose 
parental rights have been terminated pursuant to Title 18‑C, section 9‑204 or Title 22, 
chapter 1071, subchapter 6, but only until the child's adoption.
Sec. 2.  19-A MRSA §1803, sub-§1, as amended by PL 2017, c. 328, §2, is 
repealed.
Sec. 3.  19-A MRSA §1803, sub-§1-A is enacted to read:
1-A.  Standing to petition for visitation rights.  A grandparent of a minor child may 
petition the court for reasonable rights of visitation if:
A. All parties to a proceeding regarding a petition under this section, including a parent, 
legal guardian, grandparent, counselor and guardian ad litem of the child, have 
undergone mediation together at least once a week for 4 consecutive weeks with a 
mediator or other qualified person and have failed to reach a visitation agreement 
before the petition is filed. A petition under this paragraph must include a written 
summary of the mediation provided by the mediator. The grandparents and parents 
undergoing mediation under this paragraph must share the expense of the mediation; 
or
B. Mediation has not been undertaken under paragraph A and a parent or legal guardian 
of the child has died, is missing, is in a persistent vegetative state or is an incapacitated 
person and the grandparent avers that:
(1) The prior relationship between the grandparent and the child was loving, caring 
and encouraging and bolstered the child's sense of belonging, history and family 
continuity;
(2) The child is old enough to express and expresses the child's desire to have 
visitation with the grandparent; or
(3) There is no valid and substantive reason to deny the reasonable visitation rights 
for the grandparent.
For purposes of this paragraph, "incapacitated person" has the same meaning as Title 
18-C, section 1-201, subsection 24.
Sec. 4.  19-A MRSA §1803, sub-§2, as amended by PL 2017, c. 328, §3, is further 
amended to read:
2.  Procedure.  If the petition is based upon subsection 1-A, paragraph A, the 
grandparent shall file the petition and the written summary of the mediation with the court 
and shall serve a copy of both on at least one of the parents or legal guardians of the child. 
The following procedures apply to petitions for rights of visitation or access under 
subsection 1 1-A, paragraph B, subparagraph (1), (2) or (3).
A.  A grandparent seeking rights of visitation or access shall file with the initial 
pleadings an affidavit alleging under oath sufficient facts to support the grandparent's 
standing under subsection 1 1-A.  The pleadings and affidavit must be served upon all 
parents and legal guardians of the child.
B.  A parent or legal guardian of the child who files a pleading in response to the 
pleadings in paragraph A shall also file an affidavit in response, serving all parties to 
the proceeding with a copy.
B-1.  The grandparent may file a written response to the response in paragraph B within 
days of the filing of the response in paragraph B. When the written response under 
this paragraph is filed with the court, the grandparent shall deliver a copy to at least 
one of the parents or legal guardians of the child.
C.  The court shall determine on the basis of the pleadings and affidavits under 
paragraphs A and B and any response under paragraph B-1 whether the grandparent 
has presented prima facie evidence of standing under subsection 1 1-A.  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. 5.  19-A MRSA §1803, sub-§3, as amended by PL 2017, c. 328, §4, 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 1-A and that granting the grandparent reasonable rights of visitation or access 
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 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.;
L.  If a parent of the child has died, the effect on the grieving child of being denied 
visitation with or access to the grandparent;
M.  Any evidence that the parent or legal guardian may not be considering or acting in 
the best interests of the child; and
N.  Any other factor having a reasonable bearing on the physical and psychological 
well-being of the child.
Sec. 6.  22 MRSA §4005-H, sub-§1, as enacted by PL 2017, c. 411, §11, is amended 
to read:
1.  Grandparent visitation or access.  A grandparent who is designated as an 
interested person or a participant under section 4005‑D or who has been granted intervenor 
status under the Maine Rules of Civil Procedure, Rule 24 may request the court to grant 
reasonable rights of visitation or access under Title 19-A, chapter 59. When a child is 
placed in a prospective adoptive home and the prospective adoptive parents have signed an 
adoptive placement agreement, a grandparent's rights of visitation or access that were 
granted pursuant to this chapter are suspended unless a court determines that it is in the best 
interest of the child to continue the grandparent's rights of visitation or access.  A 
grandparent's rights of visitation or access terminate when the adoption is finalized 
pursuant to Title 18‑A, section 9‑308.  Nothing in this section prohibits prospective 
adoptive parents from independently facilitating or permitting contact between a child and 
a grandparent, especially when a court has previously ordered rights of visitation or access.
For the purposes of this subsection, "grandparent" includes a parent of a child's parent 
whose parental rights have been terminated, but only until the child is adopted.
SUMMARY
This bill amends the Grandparents and Great-grandparents Visitation Act and other 
provisions of law concerning grandparents, including great-grandparents, by:
1. Removing the provision that terminates a grandparent's right to visitation with and 
access to a grandchild when that grandchild has been adopted;
2. Amending the provisions regarding standing for a grandparent to petition the court 
for visitation with and access to a grandchild by requiring mediation before the petition is 
filed, if possible;
3. Amending the provisions regarding standing for a grandparent to petition the court 
for visitation with and access to a grandchild when the parties are unable to accomplish 
mediation; and
4. Including, in the criteria included in the best interests of the child for the court to 
consider when ruling on a grandparent visitation petition, the effect on a grieving child who 
has lost a parent of being denied visitation with and access to a grandparent and any 
evidence that a parent or legal guardian of a child is not considering or acting in the best 
interests of the child.