[Lucy55]

I am searching to obtain the court forms necessary to petition for the right to have visitations with my grandchildren. I have been everywhere searching for the forms, not even the courthouse has them. I am told I need to get a lawyer, which is not an option for me. I feel after researching that I am capable of representing myself. Can anyone help? I live in Maine so it would have to fall under the Maine laws. Thank you.

[ScottGem]

Are you sure there are specific forms? If so, the court should at least have the titles.

This may be as simple as:

I, <insert name>, hereby petition <insert name of court> to grant visitation rights to me for my grandchildren. These children are the offspring of my <son/daughter> and reside at <insert address>. There names and ages are: <insert names, ages>.

I am seeking visitation of <one day a week/month, etc.>.

If you are not engaging a lawyer a judge is likely to be more lenient about the forms you submit. You need to specify your name, the name of your child and spouse, where they live and the names, ages and sexes of the grandchildren. I would think you also need to specify a visitation schedule, they that may be changed via negotiation later.

[Lucy55]

ScottGem, thank you for your help if all else fails I just might have to do the full process myself. I did go to the local courthouse they have never had the forms. The clerk at the window told me she has never had someone do this on there own, they have legal assistance. The forms needed which I was told are a summary, petition, and affidavit. She did have the summary form. I have several organizations such as DHHS, Maine.gov, probate court... and on it goes with no luck! Its unreal.
Lucy55

[ScottGem]

Ok, I can suggest a few things. A Summary is a statement of why you are going to court. A Petition is what you want the court to do. An Affadvits is an affirmation of the facts.

Again I question whether you need to have specific forms in this case. For a summary, you are make a statement:

Summary:
My <son/daughter> has refused to allow me to see my grandchildren. So I am seeking legal redress to obtain visitation.

Petition:
See first response

Affadavits:
I <insert name>, hereby affirm, that the facts stated in my summary and petition are correct to the best of my knowledge.

Next I would go to a legal aid office and explain your circumstances and ask them if they will check your documents to see if they will be accepted by the court. You may have to pay a nominal fee for this, but it won't be much.

If you can't get someone to look them over, then present them to the court and ask the clerk to submit it to a judge.

[Lucy55]

ScottGem,
Once again thank you for your help... I have contacted Maine.gov, and they are lending me a book from their library with some examples of forms filled out. So with your info and theirs it should get me going in the right direction.
My relationship with my grandchildren ages 3 and 8 has been a close one since birth. They and their parents have lived with me for a brief time... non the less, I was the one getting up in the morning with my babies because its my favorite part of the day and theirs also. A week has never gone by without them coming over my house. My grandson would call me and ask me to come over. I was the one that taught him how to swim, puzzle making from beginner (4 PC.) to advanced. The 3yr. Old was just starting the 4 piece, skating... it goes on and on. Sorry I'm going on and on, but I haven't seen them officially since Christmas of 2006 and I'm broken hearted. She (daughter-in-law) soon to be ex. was with my son for 11yrs. They decided to get married last year, that lasted 5 months and she went off with another guy.
What do you think my chances are without a lawyer? (Just your opinion)
Lucy55

[ScottGem]

Its hard to say, but I think better than average. The fact that you have been a large part of their life previously is going to work heavily in your favor. I doubt if not being able to afford an attorney is going to matter. In cases like these judges tend to look at what's best for the kids, not the finer points of law.

[grammadidi]

You might find the following website very helpful:

Grandparent Visitation - Legal Section

Also, if you are not aware of it already, there is an excellent source of support for grandparents raising or seeking access in the United States here:

Grandsplace

Hope this helps, too!

Hugs, Didi

[tlsmith814]

You can also do as I did, go to your local juvenile court clerk's office. Most times they will have the forms you can fill out with and explanation. My cost to file was $63.00. I also at that time filed for custody and visitation as NFO for the natural father (ie: my son). Each also $63.00... All without the help of an attorney.

[Lucy55]

Hi TLSMITH 814,
I went to the local courthouse and they do not have the forms, I cannot find the forms anywhere and believe me I have checked everywhere. I did sign out a book intitled Grandparents Rights from Mainegov.com. But the information in the book is pretty much what can be read on the internet. My next step is to go to the library to find out what the current Maine laws are as suggested in the book.
I have always had a loving and solid relationship with my grandchildren, but I am a little worried since I really haven't had any contact with them since Christmas. And when I last ran into my grandson age 8 a few weeks ago he was afraid (more like scared to death) to even say hello to me... breaks my heart, what are my soon to be ex-daughter-in-law and her new b/f filling the child's head with.
I am wondering if someone can e-mail me the forms or even send them to me, I need:
A petition and an affadavit form.
Thank you very very much
Lucy55

[Lucy55]

Thank you Grammadidi... your sites are my next place to search. In the book I received a couple days ago from Mainegov, does say to bring any video tapes, pictures, anything of me with my grandchildren. so that's not a problem. What I'm worried about is the fact that the examples I seen in the book were ones that were not granted and the ones that were, the grandparents only had one day a month visitation... how sad.
Have you gone through this yourself?
Lucy55

[grammadidi]

In one sense, I am fortunate enough to have not gone through what you are going through. I am a grandparent raising a grandchild. I have owned and managed a support group for Canadian grandparents raising or seeking access to their grandchildren as well as a support group for Canadian grandchildren being raised by their grandparents for approximately six years. Prior to that I was a member of another support group for grandparents raising or seeking access for about two years. I have had a lot of contact over the years with grandparents seeking access, and I agree, one day a month visitation is very sad - but at least it's something.

One of the grandmother's in my group had no visitation for a very long time. When she approached her grandson he was absolutely terrified of her. He had been fed many lies. She was heartbroken. Eventually she did get visitation rights, but she was always fearful of how things could be misconstrued in the parent's eyes. The parents did end visitation again, and the entire process had to be repeated. It was such a waste of time and money. At least the child knew that the grandparent's WANTED visitation and loved him.

I personally believe that unless there is imminent danger to the child a parent should welcome with open arms the involvement of all grandparents. I think it is a way for the child to know their roots from all angles, to feel deep family love, as well as to learn that although parents and children sometimes disagree that the needs and rights of the child are first and foremost. In circumstances where the grandparents have issues that the parents have concerns about then I support supervised visits. I feel the same way about non-custodial parents involvement as well.

I do have issues with family members with a history of abuse or neglect, however, in some circumstances, feel that supervised visitation could be acceptable in some of these cases. For instance, if a parent/grandparent was neglectful due to an addiction, and the addiction is being treated and monitored, then supervised visits might be beneficial to the child.

I hope you are able to obtain the forms that you require, but I just don't have the resources. I believe you can draft a petition to the court for visitation and you can complete your own affadavit and have it notarized (there are notary's at AAA if you need one). I would suggest a free half hour consultation with a Family Law lawyer, and when you do, request they provide you with the form #'s if there are specific forms. If the lawyer or court can give you a form # they will be much easier to obtain a copy of!

Best of luck.

Love, Didi

[Lucy55]

Grammadidi,
I did have a chance to look at one of the sites you suggested but didn't have any luck.
In reference to the forms I need the courts do not have any... or anywhere else I have checked. Short of making one myself as Gem had suggested, but I'm not sure if the courts will accept it even if notorized. Which is the way I think I am going to have to go, because the family lawyers around here do not have free consultation (not in this particular matter). And we have had to spend the money for other lawyers (I'm lawyer broke). I have a person I know at the courthouse, so I am going to ask her if it is OK to make my own.
Any suggestions, other than what I have read in the book or what people have written to me on here, in way of ammo for the court?
Thanks,
Lucy

[grammadidi]

Lucy, I have a sample form from New Hampshire that you might be able to use as a guideline for your petitiion. If you click on my name on my post here you will see an option to send me a private message. If you send me your email via private message (PM) then I will forward the form to you. I think you will find it very helpful. I sent you a PM telling you but I guess you haven't figured out how to do that yet. :) I do believe the court will accept it if it is completed properly. If it isn't then they should provide you with the form(s) that they want you to use. Have you applied for Legal Aide? If not, then why not try? If you don't qualify but have a limited income they will usually give you some time with a lawyer who donates time in their office.

Also, check out the website called Pine Tree Legal Assistance. They have a lot of good information and resources and if you call them should be able to offer lots of help. I have read good things about them and they have offices throughout Maine.

Hope to hear from you soon.

Hugs, Didi

[Lucy55]

Grammadidi, I hope all is well. I did e-mail you but have yet to hear anything back. I am very interested in you sending the New Hampshire Form to me.
Let me know!
Thanks,
Lucy55