Sec. 1. 19-A MRSA §1653, sub-§1, śC 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Sec. 2. 19-A MRSA §1653, sub-§2, as amended by PL 1997, c. 415, §3 and affected by §5, is repealed.

Sec. 3. 19-A MRSA §1653, sub-§2-A is enacted to read:

2-A.__Parental rights and responsibilities; order.__This subsection governs parental rights and responsibilities and court orders for parental rights and responsibilities.

A.__The court shall follow the following order of preference, in accordance with the best interest of the child, in ordering parental rights and responsibilities:

(1)__To both parents jointly:

(a) When the parents have agreed to an award of shared parental rights and responsibilities or so agree in open court, the court shall make that award unless there is clear and convincing evidence that it should not be ordered.__The court shall state in its decision the reasons for not ordering a shared parental rights and responsibilities award agreed to by the parents; or

(b)__If the parents have not already agreed to an award, the court may require the parents to submit a plan for implementation of the award of parental rights and responsibilities upon finding that both parents are suitable parents;

(2)__To either parent; or

(3)__To a 3rd person, to a suitable society or institution for the care and protection of children or to the department, upon a finding that awarding parental rights and responsibilities to either or both parents will place the child in jeopardy as defined in Title 22, section 4002, subsection 6.