Legal Question in Family Law in Maine

Re: more than a grandparent

I assume there has been no District Court child protection proceeding by DHHS, and that each parents� parental rights have not been terminated.

A petition for appointment of a guardian would have to be prepared and filed with the Probate Court, together with a filing fee. The court would issue a hearing date. Before the hearing, the mother and father would each need to be served the petition or they would need to sign a consent form. The result of the hearing will depend on whether the parents consent.

If the living situation is in the best interest of the child, the judge could grant guardianship in any of the following instances: (1) where each parent consents; (2) where all nonconsenting parents fail to respond to proper notice; or (3) where all nonconsenting parents lack consistent participation with the child and the court finds that you are the �de facto� guardian.

Regarding best interest of the child, the standard should be met unless the judge has concerns that your home is too crowded with four teenagers; or if the judge suspects any other shortcomings with respect to the proposed living situation.

Alternatively, you could petition for a 6-month temporary guardianship, which would avoid the notice requirement to any parent whose whereabouts are unknown and cannot easily be determined.

In addition to the filing fees, you should expect service costs. Even if the petition is by consent, attorneys fees would not be insignificant in light of the underlying paperwork ($500 or more) If the matter is contested, the costs would escalate quickly.