An Act to Protect the Health and Well-being of a Nursing Infant of Separated or Divorcing Parents
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §1653, sub-§3, ¶N, as amended by PL 1997, c. 187, §3 and affected by §5, is further amended to read:
N. All other factors having a reasonable bearing on the physical and psychological well-being of the child; and
Sec. 2. 19-A MRSA §1653, sub-§3, ¶O, as enacted by PL 1997, c. 187, §3 and affected by §5, is amended to read:
O. A parent's prior willful misuse of the protection from abuse process in chapter 101 in order to gain tactical advantage in a proceeding involving the determination of parental rights and responsibilities of a minor child. Such willful misuse may only be considered if established by clear and convincing evidence, and if it is further found by clear and convincing evidence that in the particular circumstances of the parents and child, that willful misuse tends to show that the acting parent will in the future have a lessened ability and willingness to cooperate and work with the other parent in their shared responsibilities for the child. The court shall articulate findings of fact whenever relying upon this factor as part of its determination of a child's best interest. The voluntary dismissal of a protection from abuse petition may not, taken alone, be treated as evidence of the willful misuse of the protection from abuse process.; and
Sec. 3. 19-A MRSA §1653, sub-§3, ¶P is enacted to read:
P. If the child is under one year of age, whether the child is being breast-fed.
Effective August 11, 2000, unless otherwise indicated.
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