Grandparent Visitation Petition - Maine

PETITION FOR GRANDPARENT OR GREAT-GRANDPARENT VISITATION

(State of Maine — District Court · Grandparents Visitation Act)

COURT CAPTION

PETITION FOR GRANDPARENT OR GREAT-GRANDPARENT VISITATION PURSUANT TO 19-A M.R.S. § 1803

The Maine Judicial Branch also publishes Form FM-226 for this petition. Confirm the court's filing instructions and submit the separate sworn standing affidavit in Exhibit A with the initial pleading.

I. PARTIES

If an address must be kept confidential for safety, use the court's Form FM-057 and write “confidential” in the address field, as the court's FM-226 directs.

1.1 Petitioner (Grandparent)

1.2 Respondent(s) (Parent(s) / Legal Guardian(s))

Additional parent or legal guardian to be served, if any: [NAME AND ADDRESS OR “CONFIDENTIAL”]

1.3 Minor Child(ren)

II. JURISDICTION AND VENUE

2.1 Petitioner seeks visitation under 19-A M.R.S. § 1803 in the District Court at [COURT LOCATION].

2.2 UCCJEA jurisdiction. This visitation request is a child-custody proceeding under 19-A M.R.S. § 1732(4). For an initial determination, Petitioner alleges Maine jurisdiction under § 1745(1) because (select and complete the applicable basis):

☐ Maine is the child's home state now. The child lived here with a parent or person acting as a parent for at least six consecutive months immediately before filing, or since birth if younger than six months (§§ 1732(7), 1745(1)(A)).

☐ Maine was the child's home state within six months before filing; the child is absent and a parent or person acting as a parent still lives in Maine (§ 1745(1)(A)).

☐ Another basis under § 1745(1)(B), (C), or (D) applies. State the facts and any other court's declination: [________________________________].

☐ An existing child-custody determination may affect jurisdiction. Identify its issuing court, order, and the facts supporting this Court's authority to act: [________________________________].

2.3 Reason for filing at this District Court location: [________________________________].

2.4 Five-year child residence history (§ 1753(1)). Give each child's present address or whereabouts and each place the child lived during the last five years, with dates and the names and present addresses of the persons with whom the child lived. Attach a continuation page if needed. If disclosure would jeopardize a party's or child's health, safety, or liberty, use the confidential-address procedure in § 1753(5) and the court's Form FM-057.

2.5 Other proceedings (§ 1753(1)(A)-(B)). State any custody or visitation proceeding in which Petitioner participated, and any proceeding Petitioner knows of that could affect this case, including protection, probate, adoption, or termination-of-rights matters. If none are known, write “none.” For each, give the court, case number, type, and any determination date: [________________________________].

2.6 Other custody or visitation claimants (§ 1753(1)(C)). State the names and addresses of any person outside this case who has physical custody of a child or claims custody or visitation rights. If none are known, write “none”: [________________________________].

Petitioner will inform the court of any later-discovered proceeding that could affect this case (§ 1753(4)).

III. STEP ONE — STANDING (19-A M.R.S. § 1803(1)) AND AFFIDAVIT

3.1 Grandparent or great-grandparent status. Petitioner is a “grandparent” within 19-A M.R.S. § 1802(1), as ☐ a parent of the child's parent or ☐ a parent of the parent of the child's parent.

3.2 Standing ground. Petitioner has standing to initiate and maintain this action because (check the applicable ground):

☐ § 1803(1)(B) — Sufficient existing relationship. There is a sufficient existing relationship between Petitioner and the child — that is, a relationship involving extraordinary contact, including (without limitation) circumstances in which Petitioner has been a primary caregiver and custodian of the child for a significant period of time (19-A M.R.S. § 1802(2)); OR

☐ § 1803(1)(D) — Other compelling state interest. Another compelling state interest justifies the Court's interference with the parent's fundamental right to deny Petitioner access to the child.

3.3 Standing affidavit (§ 1803(2)(A)) — required. Filed with this Petition is Petitioner's sworn affidavit alleging sufficient facts to support standing under § 1803(1) (Exhibit A). The pleadings and affidavit will be served upon all parents and legal guardians of the child. A parent or guardian who responds by pleading must also file and serve a responsive affidavit (§ 1803(2)(B)). The Court will determine standing on the pleadings and affidavits and may, in its discretion and on an expedited basis, hold a hearing to resolve disputed facts necessary and material to standing (§ 1803(2)(C)).

IV. FACTUAL ALLEGATIONS (Standing and Merits)

4.1 Nature and extent of the relationship. [Describe the frequency and nature of extraordinary contact. If applicable, include caregiving, school, health care, overnight stays, or other significant involvement and give dates.]

[____________________________________________________________]

[____________________________________________________________]

4.2 Period of caregiving / custody, if applicable. [State any dates and duration Petitioner served as primary caregiver or custodian, and any powers of attorney, guardianships, or living arrangements.]

[____________________________________________________________]

4.3 Circumstances leading to this Petition. [Describe when and why contact was reduced or denied and any efforts to resolve the matter with the parents.]

[____________________________________________________________]

V. STEP TWO — LEGAL STANDARD

5.1 Under § 1803(2)(D), the Court considers any objections from the parents or legal guardians at the merits hearing after standing is established. Those objections are: [STATE WHAT IS KNOWN, OR WRITE “UNKNOWN”].

5.2 Under § 1803(3), the Court may grant reasonable visitation or access only if Petitioner has standing, the contact is in the child's best interest, and it would not significantly interfere with any parent-child relationship or the parent's rightful authority over the child.

VI. BEST-INTEREST FACTORS (19-A M.R.S. § 1803(3))

Petitioner alleges that the requested visitation is in the child's best interest and would not significantly interfere with the parent-child relationship or parental authority, and addresses the statutory factors (check and complete all that apply):

☐ (A) The age of the child: [____________]

☐ (B) The relationship of the child with the grandparent(s), 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 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 them: [____________]

☐ (J) Any other factor having a reasonable bearing on the physical and psychological well-being of the child: [____________]

☐ (K) The existence of any grandparent conviction for a sex offense or sexually violent offense (19-A M.R.S. § 1803(3)(K)): [☐ None / specify] [____________]

If a conviction or adjudication described in § 1803(7) or (8) applies, state the facts and any proposed child-safety measures here: [________________________________]. Section 1803(8) creates a rebuttable presumption in its specified cases. After a child-related sexual-offense conviction, § 1803(7) permits contact only if the court finds it in the child's best interest and adequate safety measures can be made; the court may require supervision.

VII. REQUESTED VISITATION / ACCESS SCHEDULE

7.1 Regular visitation or access. Petitioner requests the following reasonable rights of visitation or access:

☐ Weekly: [days/times] [____________] ☐ Bi-weekly / Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Electronic and written contact. ☐ Telephone [____] ☐ Video calls [____] ☐ Mail/cards

7.4 Transportation. Petitioner will provide transportation; proposed exchange location: [____________].

VIII. REQUEST FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Determine, on the pleadings and the attached affidavit, that Petitioner has presented prima facie evidence of standing under 19-A M.R.S. § 1803(1)(B) or (D), holding an expedited standing hearing only if disputed material facts require it;

B. If standing is established, appoint a guardian ad litem if appropriate (19-A M.R.S. § 1507) and refer the parties to mediation as the Court deems appropriate (19-A M.R.S. § 1804), then hold a hearing on the merits;

C. Find that granting Petitioner 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 the parent's rightful authority;

D. Enter an order granting Petitioner reasonable rights of visitation or access on the schedule in Section VII, or as the Court deems just, together with reasonable telephone, video, and written contact;

E. Issue any orders necessary to enforce the rights granted (§ 1803(5)); and

F. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

_________________________________
[PETITIONER NAME], Petitioner (Pro Se), or
[ATTORNEY NAME], Maine Bar No. [______]
[FIRM] · [ADDRESS] · [PHONE] · [EMAIL]

IX. VERIFICATION

STATE OF MAINE, COUNTY OF [____________], ss:

I, [PETITIONER NAME], being duly sworn, state that I am the Petitioner; that I have read the foregoing Petition; and that the facts stated in it are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME]

Subscribed and sworn to before me this [____] day of [____________], 20[__], at [____________], Maine.

_________________________________
Signature of notarial officer
Printed name: [________________________________]
Title: ☐ Notary Public ☐ Attorney at Law ☐ Clerk
My commission expires (if notary public): [__________]

X. NOTICE TO RESPONDENT(S)

TO THE RESPONDENT(S): A Petition for Grandparent or Great-Grandparent Visitation has been filed under 19-A M.R.S. § 1803 with a supporting affidavit. If you file a responsive pleading, § 1803(2)(B) requires you to file a responsive affidavit and serve all parties with a copy. The Court will first decide whether Petitioner has standing. You may appear at a hearing, be represented by an attorney, and present evidence.

XI. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of this Petition and the accompanying affidavit were served upon all parents and legal guardians of the child, as required by 19-A M.R.S. § 1803(2)(A), by:

☐ Signed acknowledgment of receipt ☐ Certified mail, restricted delivery ☐ Sheriff service ☐ Other lawful method: [____________]

Served upon: [NAME(S) AND ADDRESS(ES)] [____________________________________]

_________________________________
[NAME]

ATTACHMENTS / EXHIBITS

☐ Exhibit A — Petitioner's sworn standing affidavit (19-A M.R.S. § 1803(2)(A)), completed below
☐ Continuation page for the five-year child residence history, if needed (§ 1753)
☐ Maine Judicial Branch Form FM-226, if used for filing
☐ Proof of attempts to resolve the matter with the parents (e.g., certified-mail receipts)
☐ Any prior court orders concerning the child(ren)
☐ Filing fee or fee-waiver request

SOURCES & REFERENCES

• 19-A M.R.S. § 1803 — standing, required affidavit, hearing, merits factors, enforcement, and sex-offense provisions.
• 19-A M.R.S. § 1802 — grandparent and great-grandparent definition and sufficient existing relationship.
• Maine UCCJEA §§ 1732, 1745, 1753 — home state, initial jurisdiction, and first-pleading disclosures.
• 19-A M.R.S. § 1507 and § 1804 — guardian ad litem and mediation.
• Maine Judicial Branch Form FM-226 — official petition for grandparent or great-grandparent visitation.

This Petition is provided for informational purposes only. Maine requires a sworn standing affidavit with the initial pleadings. Consult a Maine family law attorney before filing.

EXHIBIT A — SWORN STANDING AFFIDAVIT

District Court at: [________________________________] Docket No. (if assigned): [________________________________]

Petitioner: [________________________________] Child: [________________________________]

I, [PETITIONER NAME], being duly sworn, state on personal knowledge:

1. I am the child's ☐ grandparent ☐ great-grandparent because [IDENTIFY FAMILY RELATIONSHIP]: [________________________________].
2. I rely on the following standing ground under 19-A M.R.S. § 1803(1): ☐ a sufficient existing relationship with extraordinary contact under subsection (B); ☐ another compelling state interest under subsection (D).
3. The specific facts supporting that ground are set out below. State dates, caregiving acts, contact frequency, and the child's circumstances rather than conclusions alone.

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

4. Documents supporting these facts are attached and identified as follows: [________________________________].

I declare under oath that the facts stated above are true to the best of my personal knowledge.

Petitioner signature: _________________________________ Date: [__/__/____]

STATE OF MAINE, COUNTY OF [________________________________]

Signed and sworn to (or affirmed) before me on [__/__/____] by [PETITIONER NAME].

Notarial officer signature: _________________________________
Printed name: [________________________________]
Title: ☐ Notary Public ☐ Attorney at Law ☐ Clerk
Commission expires (if notary public): [__/__/____]