Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

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

COURT CAPTION

PETITION FOR GRANDPARENT VISITATION PURSUANT TO 19-A M.R.S. § 1803
(Official form: FM-226 — attach supporting affidavit)

I. PARTIES

1.1 Petitioner (Grandparent)

1.2 Co-Petitioner (Other Grandparent, if any)

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

1.4 Minor Child(ren)

II. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction over grandparent visitation under the Grandparents Visitation Act, 19-A M.R.S. §§ 1801–1806.

2.2 This Court has jurisdiction to determine visitation under the Maine Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), 19-A M.R.S. §§ 1731 et seq. Maine is the child(ren)'s home state because the child(ren) has/have lived in Maine with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition (or since birth, if under six months old).

2.3 Venue. Venue is proper in this District Court division because the child(ren) reside(s) in [____________], Maine.

2.4 Other proceedings (UCCJEA disclosure). (Check one):

☐ Petitioner knows of NO other proceeding concerning custody of or visitation with the child(ren).

☐ The following proceeding(s) is/are pending or has/have been decided: Court [____] · Docket No. [____] · Type [____].

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

3.1 Grandparent status. Petitioner is a "grandparent" of the minor child(ren) within the meaning of 19-A M.R.S. § 1802(1), being a 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, under oath, sufficient facts to support standing under § 1803(1) (see Affidavit attached as Exhibit A). The pleadings and affidavit will be served upon all parents and legal guardians of the child, who may file 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 only to resolve disputed facts material to standing (§ 1803(2)(C)).

IV. FACTUAL ALLEGATIONS (Standing and Merits)

4.1 Nature and extent of the relationship. [Describe, in caregiving terms, what Petitioner has done that a parent ordinarily does for the child — e.g., who enrolled the child in and transported the child to school; who fed, clothed, bathed, and disciplined the child; where the child slept; who cared for the child when sick; who attended appointments and conferences — and for how long. This is the heart of the "sufficient existing relationship" / extraordinary-contact showing.]

[____________________________________________________________]

[____________________________________________________________]

4.2 Period of caregiving / custody. [State the dates and duration Petitioner served as primary caregiver and 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, certified-mail or other written efforts to resolve the matter with the parents, and the dates/content of those efforts.]

[____________________________________________________________]

V. STEP TWO — CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Parental rights; Troxel "special weight." Petitioner acknowledges that fit parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that under Troxel v. Granville, 530 U.S. 57 (2000), a fit parent's decision is entitled to special weight.

5.2 Constitutionality of the Act. In Rideout v. Riendeau, 2000 ME 198, 761 A.2d 291, the Maine Supreme Judicial Court held that the Grandparents Visitation Act, as applied, is narrowly tailored to serve a compelling state interest — providing a forum within which grandparents who have acted as parents to a grandchild may seek continued contact — and therefore does not violate the Due Process Clause.

5.3 Merits standard (§ 1803(3)). The Court may grant reasonable rights of visitation or access only upon finding that Petitioner has standing and that granting visitation (a) is in the best interest of the child, and (b) would not significantly interfere with any parent-child relationship or with 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] [____________]

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.

_________________________________
Notary Public / Attorney at Law
My commission expires: [__________]

X. NOTICE TO RESPONDENT(S)

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you under 19-A M.R.S. § 1803, together with a supporting affidavit. You may file a responsive pleading and a responding affidavit, appear at any hearing, be represented by an attorney, and present evidence. The Court will first decide whether the Petitioner has standing. You should consult an attorney promptly.

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:

☐ Personal service ☐ Certified mail, return receipt requested ☐ Other lawful method: [____________]

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

_________________________________
[NAME]

ATTACHMENTS / EXHIBITS

☐ Exhibit A — Petitioner's standing affidavit (19-A M.R.S. § 1803(2)(A)) with supporting documents and photographs
☐ UCCJEA affidavit (19-A M.R.S. §§ 1731 et seq.)
☐ Official court form FM-226 (Petition for Grandparent Visitation)
☐ 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 — Grandparents Visitation Act petition: standing (§ 1803(1)(B) sufficient existing relationship; (D) compelling state interest); affidavit-based standing procedure (§ 1803(2)); best-interest + no-significant-interference standard and factors (§ 1803(3)); modification/enforcement (§ 1803(4)–(5)); sex-offense provisions (§ 1803(7)–(8)).
• 19-A M.R.S. § 1802 — Definitions; "grandparent" (§ 1802(1)); "sufficient existing relationship" = extraordinary contact, including primary caregiver/custodian for a significant period (§ 1802(2)).
• Rideout v. Riendeau, 2000 ME 198, 761 A.2d 291 — Act upheld as applied; compelling state interest in a forum for grandparents who have acted as parents; harm-type showing satisfied through extraordinary contact.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to "special weight."
• Maine UCCJEA, 19-A M.R.S. §§ 1731 et seq.; guardian ad litem, § 1507; mediation, § 1804.
• Official form: Maine Judicial Branch FM-226 (Petition for Grandparent Visitation), available at courts.maine.gov/forms.

This Petition is provided for informational purposes only. Maine requires a sworn standing affidavit with the initial pleadings and uses official court forms. Consult a Maine family law attorney and confirm current statutory text and District Court rules before filing.