| | | A.__Whether the person has lived with the child for a | | significant period of time; |
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| | | B.__Whether the person has performed parental caretaking | | functions of the child to a significant degree.__For the | | purposes of this section, parental caretaking functions may | | include, but are not limited to, contributing toward the | | child's residential, educational, recreational, child care | | and medical, dental and mental health care needs; |
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| | | C.__Whether the person has accepted full and permanent | | responsibilities as a parent without expectation of | | financial compensation; |
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| | | D.__Whether the person has contributed financially to the | | support of the child; and |
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| | | E.__Whether the person, with the consent and encouragement | | of a parent, has formed a parent-child bond with the child. |
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| | | 3.__Parental rights and responsibilities.__Upon adjudication | | of a person as a de facto parent, the court shall determine | | parental rights and responsibilities in accordance with section | | 1653. |
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| | | 4.__Other parents.__The adjudication of a person as a de facto | | parent does not affect the rights and responsibilities of any | | other parent, unless otherwise determined by a court. |
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| | | 5.__Child support.__A de facto parent____________required to | | pay child support in accordance with the child support guidelines | | under chapter 63.__The requirement that a de facto parent pay | | child support does not relieve any other parent of the obligation | | to pay child support unless otherwise determined by a court. |
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| | | Section 1845 was added to address a separate category of | | parentage, "de facto" parents. De facto parentage was initially | | recognized as an equitable remedy in Maine law based on the | | particular facts and circumstances of a parent-child | | relationship. See CEW v. DEW, 2004, ME 43; Young v. Young, 2004 | | ME 44. In contrast to the types of parentage established by UPA | | 2002 at conception, birth or in the first two years of the | | child's life, a de facto parent-child relationship develops over | | time and requires a demonstration of a certain quality of | | relationship. Consistent with the Maine Supreme Judicial Court's | | recognition of a de facto parent as a category of parent, the | | Maine amendment sets forth the factors for a court to consider in |
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