CHAPTER 329
H.P. 1048 - L.D. 1405
An Act to Encourage Joint Child Rearing Between Divorced Parents
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §1653, sub-§1, ¶C is enacted to read:
C. The Legislature finds and declares that it is the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
Sec. 2. 19-A MRSA §1653, sub-§2, ¶D, as amended by PL 1997, c. 415, §3 and affected by §5, is further amended to read:
D. The order of the court awarding parental rights and responsibilities must include the following:
(1) Allocated parental rights and responsibilities, shared parental rights and responsibilities or sole parental rights and responsibilities, according to the best interest of the child as provided in subsection 3. An award of shared parental rights and responsibilities may include either an allocation of the child's primary residential care to one parent and rights of parent-child contact to the other parent, or a sharing of the child's primary residential care by both parents. If either or both parents request an award of shared primary residential care and the court does not award shared primary residential care of the child, the court shall state in its decision the reasons why shared primary residential care is not in the best interest of the child;
(2) Conditions of parent-child contact in cases involving domestic abuse as provided in subsection 6;
(3) A provision for child support as provided in subsection 8 or a statement of the reasons for not ordering child support;
(4) A statement that each parent must have access to records and information pertaining to a minor child, including, but not limited to, medical, dental and school records and other information on school activities, whether or not the child resides with the parent, unless that access is found not to be in the best interest of the child or that access is found to be sought for the purpose of causing detriment to the other parent. If that access is not ordered, the court shall state in the order its reasons for denying that access;
(5) A statement that violation of the order may result in a finding of contempt and imposition of sanctions as provided in subsection 7; and
(6) A statement of the definition of shared parental rights and responsibilities contained in section 1501, subsection 5, if the order of the court awards shared parental rights and responsibilities.
An order modifying a previous order is not required to include provisions of the previous order that are not modified.
Effective September 21, 2001, unless otherwise indicated.
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