(1)__To both parents jointly:

(a)__Upon finding that both parents are suitable parents, the court may require the parents to submit a plan for implementation of the residential care order; or

(b)__The parents acting individually or in concert may submit a residential care implementation plan to the court prior to the issuance of a residential care order;

(2)__To either parent:

(a)__If the parents agree to an award of primary residential care to one parent, the court shall make that award;

(b)__In designating the parent responsible for providing the child's primary residential care, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the other parent, including physical access.__The court may not apply a preference for one parent over the other in determining the child's primary residential care based on the parent's gender; or

(c)__If a parent requests to be designated as the parent responsible for providing the child's primary residential care, that parent has the burden of proof that joint residential care is not in the child's best interest; 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 the child's primary residential care to either or both parents will place the child in jeopardy as defined in Title 22, section 4002, subsection 6.

C.__The court may award reasonable rights of contact with a minor child to a 3rd person.

D.__The order of the court awarding parental rights and responsibilities must include the following:

(1)__Allocated parental rights and responsibilities, shared parental rights and responsibilities or sole parental rights and responsibilities, according to the best interest of the child as provided in subsection 3.__ Pursuant to paragraph B, an award of shared parental rights and responsibilities may include either an allocation of the child's primary residential care to one parent and rights of parent-child contact to the other parent or a sharing of the child's primary residential care by both parents as provided in paragraph B;

(2)__Conditions of parent-child contact in cases involving domestic abuse as provided in subsection 6;

(3)__A provision for child support as provided in subsection 8 or a statement of the reasons for not ordering child support;

(4)__A statement that each parent must have access to records and information pertaining to a minor child, including, but not limited to, medical, dental and school records and other information on school activities, whether or not the child resides with the parent, unless that access is found not to be in the best interest of the child or that access is found to be sought for the purpose of causing detriment to the other parent. If that access is not ordered, the court shall state in the order its reasons for denying that access;

(5)__A statement that violation of the order may result in a finding of contempt and imposition of sanctions as provided in subsection 7;

(6)__A statement of the definition of shared parental rights and responsibilities contained in section 1501, subsection 5, if the order of the court awards shared parental rights and responsibilities; and

(7)__If the court declines to enter an order awarding joint primary residential care pursuant to this section, a statement of reasons for denial of an award of joint residential care.

An order modifying a previous order is not required to include provisions of the previous order that are not modified.

E.__The order of the court may not include a requirement that the State pay for the defendant to attend a batterers' intervention program unless the program is certified under section 4014.

Sec. 4. 19-A MRSA §1653, sub-§7, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

7. Violation of order concerning parental rights and responsibilities and contact. Either parent may petition the court for a hearing on the issue of noncompliance with the order issued under subsection 2 2-A. If the court finds that a parent has violated a part of the order, the court may find that parent in contempt and may:

A. Require additional or more specific terms and conditions consistent with the order;

B. Order that additional visitation be provided for a parent to take the place of visitation that was wrongfully denied; or

C. Order a parent found in contempt to pay a forfeiture of at least $100.

SUMMARY

This bill establishes the policy that parents should be awarded shared parental rights and responsibilities unless the court finds that the joint responsibility would not be in the child's best interest. The court must provide that the parents equally share the responsibility for providing their child's residential care, unless the court makes a finding that the equal sharing is not in the child's best interest. The parents may agree to a sharing of parental rights and responsibilities, including the provision of residential care, which the court must accept or provide written reasons why the agreement is not in the child's best interest.