Maine Revised Statutes Title 19-A Sec. 1657 – Modification or termination of orders for parental rights and responsibilities
Current as of: 2023 | Check for updates
|
Other versions
1. Modification or termination. An order for parental rights and responsibilities may be modified or terminated as circumstances require:
A. Upon the petition of one or both of the parents; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. Upon the motion of an agency or person who has been granted parental rights and responsibilities or contact with a child under this chapter. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1657
- Allocated parental rights and responsibilities: means that responsibilities for the various aspects of a child's welfare are divided between the parents, with the parent allocated a particular responsibility having the right to control that aspect of the child's welfare. See Maine Revised Statutes Title 19-A Sec. 1501
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor child: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 19-A Sec. 101
- Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101
- Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101
- state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101
2. Change in circumstances. In reviewing a motion for modification or termination filed under chapter 59 or section 1653 or 1655, the following constitute a substantial change in circumstances:
A. The relocation, or intended relocation, of a child resident in this state to another state by a parent, when the other parent is a resident of this State and there exists an award of shared or allocated parental rights and responsibilities concerning the child; [PL 1997, c. 403, §2 (AMD); PL 1997, c. 403, §4 (AFF).]
A-1. The relocation, or intended relocation, of a child that will disrupt the parent-child contact between the child and the parent who is not relocating, if there exists an award of shared or allocated parental rights and responsibilities concerning the child. Relocating the child more than 60 miles from the residence of the parent who is relocating or more than 60 miles from the residence of the parent who is not relocating is presumed to disrupt the parent-child contact between the child and the parent who is not relocating; [PL 1997, c. 403, §3 (NEW); PL 1997, c. 403, §4 (AFF).]
A-2. The receipt of notice of the intended relocation of the child as required under section 1653, subsection 14; or [PL 1997, c. 403, §3 (NEW); PL 1997, c. 403, §4 (AFF).]
B. A finding by the court that domestic or family violence has occurred since the last determination of primary residence. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
[PL 1997, c. 403, §§2, 3 (AMD); PL 1997, c. 403, §4 (AFF).]
3. Uniform Child Custody Jurisdiction and Enforcement Act. The jurisdiction granted by this section to make or alter an order concerning parental rights and responsibilities with respect to a minor child is limited by the Uniform Child Custody Jurisdiction and Enforcement Act, if another state may have jurisdiction as provided in that Act.
[PL 1999, c. 486, §1 (AMD); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 403, §§2,3 (AMD). PL 1997, c. 403, §4 (AFF). PL 1999, c. 486, §1 (AMD). PL 1999, c. 486, §6 (AFF).