In re Paige L.

At issue here was the application of Me. Rev. Stat. 22, 4036(1-A) to preexisting parental rights orders. Section 4036(1-A) authorizes a court that has made a finding of jeopardy in a title 22 child protection proceeding to enter an order awarding parental rights and responsibilities if the court determines the order will protect the child from jeopardy and is in the child’s best interest. In this case, the trial court did not direct the opening of a family matters case as directed by section 4036(1-A)(A) but instead amended the parental rights and responsibilities order that had been issued in the parties’ previous divorce judgment that was in effect at the time of the jeopardy hearing. The trial dismissed the child protection action and awarded sole parental rights over the child to Mother by amending the preexisting parental rights and responsibilities order. The court further made a specific finding that Father created circumstances of jeopardy for his child. The Supreme Judicial Court affirmed the jeopardy order and the amended parental rights and responsibilities order, holding that the trial court did not abuse its discretion in reaching its ultimate conclusion. View "In re Paige L." on Justia Law