An Act to Establish Stepparent Visitation Rights
Maine Legislature, Session 132, LD 1842
Committee: Judiciary
Sponsors: ROTUNDO, CLOUTIER
Amends: 19-A MRSA §1801, 19-A MRSA §1802, 19-A MRSA §1804, 19-A MRSA §1806, 19-A MRSA §1807

Legislative Document
No. 1842
S.P. 725
In Senate, April 30, 2025
An Act to Establish Stepparent Visitation Rights
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator ROTUNDO of Androscoggin.
Cosponsored by Representative CLOUTIER of Lewiston and
Representative: MCCABE of Lewiston.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA c. 59, headnote is amended to read:
CHAPTER 59
VISITATION RIGHTS OF GRANDPARENTS AND, GREAT-GRANDPARENTS 
AND STEPPARENTS
Sec. 2.  19-A MRSA §1801, first ¶, as amended by PL 2019, c. 197, §1, is further 
amended to read:
This chapter is known and may be cited as the "Grandparents and, Great-grandparents 
and Stepparents Visitation Act."
Sec. 3.  19-A MRSA §1802, sub-§1-A is enacted to read:
1-A.  Stepparent.  "Stepparent" means a person who is married to a parent of a child 
but who is not the child's biological or adoptive parent.
Sec. 4.  19-A MRSA §1802, sub-§2, as enacted by PL 2017, c. 328, §1, is amended 
to read:
2.  Sufficient existing relationship.  "Sufficient existing relationship" means a 
relationship involving extraordinary contact between a grandparent or stepparent and a 
child, including but not limited to circumstances in which the grandparent or stepparent has 
been a primary caregiver and custodian legal guardian of the child for a significant period 
of time.
Sec. 5.  19-A MRSA §1804, first ¶, as amended by PL 2017, c. 328, §5, is further 
amended to read:
The court may refer the parties to mediation at any time after a court determination 
pursuant to section 1803, subsection 2, paragraph C that the grandparent or stepparent 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, first ¶, as corrected by RR 2021, c. 2, Pt. A, §39, is 
amended to read:
This chapter does not limit a grandparent's or stepparent'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, an action for 
guardianship of a child under Title 18‑C, Article 5 and a child protection petition under 
Title 22, section 4032, subsection 1, paragraph C.
Sec. 7.  19-A MRSA §1807 is enacted to read:
§1807.  Petition to assert stepparent visitation rights
1.  Standing to seek stepparent visitation rights.  A stepparent of a child has standing 
to initiate and maintain an action for reasonable rights of visitation or action if:
A.  The parent of the child to whom the stepparent was married is deceased;
B.  The child's parent and the stepparent are divorced or are in the process of seeking a 
divorce;
C.  The whereabouts of the child's parent to whom the stepparent is married are 
unknown;
D.  The court of another state has ordered the visitation between the child and the 
stepparent;
E.  The child and stepparent maintained a sufficient relationship for a substantial period 
of time preceding severance or severe reduction of contact and the contact was severed 
or severely reduced by the child's parent or legal guardian for reasons other than abuse 
or presence of danger of substantial mental, emotional or physical harm to the child, 
and severance or severe reduction of this contact is likely to cause substantial mental, 
emotional or physical harm to the child; or
F.  There has been an unreasonable denial of visitation by the child's parent or legal 
guardian and the denial has caused the child severe mental, emotional or physical harm.
2.  Procedures.  The following procedures apply to petitions for rights of visitation or 
access under subsection 1.  
A.  A stepparent seeking rights of visitation or access shall file with the initial pleadings 
an affidavit alleging under oath sufficient facts to support the stepparent's standing 
under subsection 1. 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.   
C.  The court shall determine on the basis of the pleadings and affidavits under 
paragraphs A and B whether the stepparent 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 stepparent'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 stepparent. 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.   
E.  In considering a petition or motion for stepparent visitation, the court shall first 
determine the presence of a danger of substantial mental, emotional or physical harm 
to the child if the requested visitation is not permitted by the court. 
(1)  A finding of substantial harm may be based upon cessation or severe reduction 
of the contact between a child and the stepparent only if the court determines by a 
preponderance of the evidence that the child had a sufficient existing relationship 
with the stepparent and that loss of or severe reduction in contact is likely to cause 
substantial mental, emotional or physical harm to the child or presents the danger 
of other direct and substantial harm to the child. 
(2)  A stepparent is not required to present the testimony of an expert witness to 
establish a sufficient existing relationship with a child or that the loss or severe 
reduction of the contact is likely to cause substantial mental, emotional or physical 
harm to the child.
(3)  There is a rebuttable presumption that a parent's or legal guardian's actions and 
decisions regarding the petitioner's requested visitation are not harmful to the 
child's mental, emotional or physical health. The burden is on the stepparent to 
prove that a parent's or legal guardian's actions and decisions regarding visitation 
will cause substantial harm to the child's mental, emotional or physical health.
(4)  Upon an initial finding of the presence of a danger of substantial mental, 
emotional, or physical harm to the child, the court shall then determine whether the 
stepparent's visitation would be in the best interest of the child based on the factors 
in subsection 3. Upon a determination that visitation would be in the best interest 
of the child, reasonable visitation may be ordered.
3.  Best interest of child.  The court may grant a stepparent reasonable rights of 
visitation or access to a child upon finding that the stepparent has standing under subsection 
and that granting the stepparent reasonable rights of visitation or access is in the best 
interest of the child and would not significantly interfere with the parent's or legal 
guardian's rightful authority over the child. In making a determination under this 
subsection, the court shall consider the following factors:  
A.  The age of the child;
B.  The length and quality of the prior relationship between the child and the stepparent 
and the role performed by the stepparent;
C.  The duration and adequacy of the child's current living arrangements and the 
desirability of maintaining continuity;   
D.  The stability of any proposed living arrangements for the child;   
E.  The good faith of the stepparent in filing the petition or motion and the motivation 
of the parties involved and their capacities to give the child love, affection and 
guidance;   
F.  The child's adjustment to the child's present home, school and community;   
G.  The capacity of a parent or legal guardian and stepparent to cooperate, or to learn 
to cooperate, in child care;   
H.  Methods of assisting cooperation and resolving disputes and each of the parties' 
willingness to use those methods;  
I.  The existing emotional ties of the child to the stepparent;
J.  The preference of the child if the child is determined to be of sufficient maturity to 
express a preference;
K.  The effect of hostility between the stepparent and the parent or legal guardian of 
the child manifested before the child, and the willingness of the stepparent, except in a 
case of abuse, to encourage a close relationship between the child and the parent or 
legal guardian of the child;
L.  If one parent or legal guardian is deceased or missing, that the stepparent requesting 
visitation is or was the spouse of the deceased or missing parent or legal guardian;
M.  Any unreasonable deprivation of the stepparent's opportunity to visit with the child 
by the child's parent or legal guardian;
N.  Whether the stepparent is seeking to maintain a sufficient existing relationship with 
the child;
O.  Whether awarding the stepparent visitation would interfere with the parent-child 
relationship or the legal guardian-child relationship;
P.  The child's interactions and relationships with siblings, half-siblings, other relatives 
and step-relatives;
Q.  Any court finding that the child's parent or legal guardian is unfit; 
R.  Any other factors the court determines relevant; and
S.  The existence of the stepparent's conviction for a sex offense under Title 34-A, 
section 11203, subsection 6 or a sexually violent offense as defined in Title 34-A, 
section 11203, subsection 7.   
4.  Modification or termination.  The court may modify or terminate any rights 
granted under this section as circumstances require. Modification or termination of rights 
must be consistent with this section.  
5.  Enforcement.  The court may issue any orders necessary to enforce orders issued 
under this section or to protect the rights of parties.  
6.  Supervision required; convictions for sexual offenses.  Notwithstanding any 
provision of this chapter to the contrary, the court may award a stepparent who is convicted 
of a child-related sexual offense visitation with a child only if the court finds that contact 
between the stepparent and the child is in the best interest of the child and that adequate 
provision for the safety of the child can be made. For purposes of this subsection, "child-
related sexual offense" has the same meaning as in section 1653, subsection 6-A, paragraph 
A.  
The court may require that visitation may occur only if there is another person or agency 
present to supervise visitation. If the court allows a family or household member to 
supervise stepparent-child contact, the court shall establish conditions to be followed 
during that contact. Conditions include, but are not limited to, those that:  
A.  Minimize circumstances when the family of the stepparent who committed a sex 
offense or sexually violent offense as defined in Title 34-A, section 11203, subsection 
would be supervising visits;   
B.  Ensure the safety and well-being of the child; and   
C.  Require that supervision be provided by a person who is physically and mentally 
capable of supervising a visit and who does not have a criminal history record as 
defined by Title 25, section 1703, subsection 5 or history of inflicting abuse or neglect 
on another person.
7.  Conviction or adjudication for certain sex offenses; presumption.  There is a 
rebuttable presumption that the stepparent would create a situation of jeopardy for the child 
if any contact were to be permitted and that contact is not in the best interest of the child if 
the court finds that the stepparent:  
A.  Has been convicted of an offense listed in section 1653, subsection 6-A, paragraph 
A in which the victim was a minor at the time of the offense and the stepparent was at 
least 5 years older than the minor at the time of the offense except that, if the offense 
was gross sexual assault under Title 17-A, section 253, subsection 1, paragraph B or 
C, or an offense in another jurisdiction that involves conduct that is substantially 
similar to that contained in Title 17-A, section 253, subsection 1, paragraph B or C, 
and the minor victim submitted as a result of compulsion, the presumption applies 
regardless of the ages of the stepparent and the minor victim at the time of the offense; 
or   
B.  Has been adjudicated in an action under Title 22, chapter 1071 of sexually abusing 
a person who was a minor at the time of the abuse.   
The stepparent seeking contact with the child may present evidence to rebut the 
presumption.
SUMMARY
This bill allows a stepparent to petition a court for visitation and access rights to a 
stepchild of the stepparent if the visitation and access is in the best interest of the child and 
would not significantly interfere with the parent's or legal guardian's rightful authority over 
the child.