An Act To Permit Modification of Department-initiated Paternity Judgments Concerning Parental Rights

Sec. 1. 19-A MRSA §1565, sub-§2,  as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

Sec. 2. Application. This Act applies to orders issued under the Maine Revised Statutes, Title 19-A, section 1565, regardless of the date of issuance, if the initial allocation of parental rights and responsibilities is still in effect.

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This bill is a recommendation of the Family Law Advisory Commission.

This bill addresses situations in which the Department of Health and Human Services initiates a paternity action and the court establishes an initial allocation of parental rights and responsibilities. Under current law, a parent interested in changing that allocation must file a new complaint in District Court. This bill allows a parent or other party to file a motion to modify the allocation as part of the paternity case rather than requiring the filing of a new court action. The motion to modify is the same as any other motion to modify in cases involving parental rights and responsibilities.

This bill also allows the Department of Health and Human Services to file a motion to withdraw from the case once the final paternity order has been issued. Withdrawal does not prohibit the department from petitioning to be made a part of action later if necessary.

If the party filing the motion for modification of parental rights and responsibilities did not appear in the action, that party is not required to show a substantial change in circumstances as is otherwise required in motions to modify.

This bill includes an application section to make it clear that a new action need not be filed to modify an initial allocation of parental rights and responsibilities made prior to the effective date of this Act, as long as the initial allocation is still in effect.