Standards, Rules and Statutes
Best Interest of the Child
Title 19-A MRSA §1507 (4) provides the standard to be used by a Guardian
ad litem:
Best interest of the child. The guardian ad litem shall use the standard
of the best interest of the child as set forth in section 1653, subsection
3. The guardian ad litem shall make the wishes of the child known to the court
if the child has expressed them, regardless of the recommendation of the guardian
ad litem.
Title 19-A MRSA §1653(3) (Factors A - Q)
Standards and Rules
In 1999, the Supreme Judicial Court established Rules to govern the practice of GALs. These rules and
standards of practice set forth the duties and responsibilities of GALs adding to those set forth
in the state statute. As a GAL you should regularly review these rules and standards as they set forth
affirmative obligations as well as offer useful guidance in completing your investigation.
Standards of Practice for Guardians ad Litem (Opens in a new window.)
Rules for Guardians ad litem (Opens in a new window.)
The American Bar Association Center for Pro Bono and Family Law Section have jointly
developed
Standards of Practice for Lawyers Representing Children in Custody Cases (a 31 page .pdf document). These
non-binding Standards have been adopted by the Family Law Section, and presented to the ABA
House of Delegates for consideration in August 2003. The Standards present best
practices for procedural, practical, and ethical issues faced by lawyers
representing children in private custody cases.
Relevant Law:
Parental Rights and Responsibilities: 19-A MRSA 1653 (Opens in a new window.)
Appointment of guardian ad litem in contested proceedings: 19-A MRSA 1507 (Opens in a new
window.)
Protection from Abuse: 19-A MRSA 4001 et seq. (Opens in a new window.)
Relevant Law for Parents
Divorce
and Parental Rights and Responsibilities
Family
Law in Maine: Post-Judgment Motions
Protection
from Abuse in Maine
Overview of Case Management System
All contested family law cases that involve children are initially referred to the
"Case Management System" or "Family Division of the Maine District Court." Although
there are mechanisms to bypass this system and proceed directly to District Court,
almost all family cases involving children spend a significant time in case management.
The following flowcharts are intended as an overview of the process you will encounter.
For additional information refer to the Maine Rules of Court: Rules for the Family
Division of the Maine District Court.
flowchart for family division pre-judgment proceedings
(a .pdf document)
flowchart for family division post-judgment
motions (a .pdf document)
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