207-941-2347                              1-866-298-0896                              info@mainekids-kin.org
 
 
Chapter 5

 Helping Hands

Helpful Resources

 

Finding a Lawyer

The Maine Bar Association referral service is one way to find a lawyer.  You may want to also look in the yellow pages, ask friends, or call Families And Children Together’s Maine Kids-Kin program for a list of lawyers who practice this kind of law.  Lawyers often have specialties and someone who was great for a criminal case may not have experience in guardianship cases.  Find a lawyer experienced and skilled in addressing your particular legal issues.

Remember, hiring lawyers are like hiring car mechanics, hairdressers, or doctors.  You expect quality and respect.  Ask about their experience.  Find out about payment terms.  If the terms will be a hardship, some lawyers may be willing to discuss payment plans or provide a more limited service.

See our tip sheet,“Attorneys and Their Fees."

Working with a Lawyer

A lawyer is helpful in two ways.  One is to advise you in the best strategy to reach your goals and the other is to represent you in the legal challenges ahead.  Often people assume they cannot afford a lawyer, but you may be able to work out an affordable plan or be eligible for free or reduced cost legal services.  Even a one-time consultation with a lawyer may be of great benefit.  The law is complex and a consultation may provide direction for the best strategy.

In cases that may result in the parents having fewer rights, such as contested guardianship, adoption, and child protective hearings, parents have the right to representation by a lawyer and can request one at the Court’s expense if they cannot afford one.   Other parties such as guardians who do not have lawyers are at a great disadvantage if they are involved in a legal case where the opposing side has a lawyer. 

Considering Mediation

Mediation is a good option to consider in a contested guardianship case, and is much less expensive than hiring a lawyer.  A mediator may help you and the parents resolve disagreements regarding guardianship before going to court.   During mediation, all parties meet with a mediator (a neutral person) in a private and confidential setting.  The mediator listens to the concerns of each party, and then helps to develop a solution that works for everyone.    Remember, the mediator is not a judge, and does not decide who is right or wrong.

Where to Find Free and Low Cost Legal Information

Your Probate Court or District Court

The staff at the Court can answer your questions regarding what forms you need to complete, as well as answer some of your questions about the Court process.

Maine Kids-Kin, a program of Families And Children Together   1-866-298-0896

Maine Kids-Kin provides information and support to extended family members who are stepping in to care for a relative’s child(ren).family member may be a grandparent, aunt, uncle, sibling, cousin or good friend of the family.The children may be in the relative’s care, or the relatives may be working towards that goal.Staff can provide general information about the legal process and referrals to legal services.   

Pine Tree Legal Assistance

Pine Tree Legal Assistance provides free legal services in areas of housing, family law, social services, benefits, education, healthcare, etc.also provides access to legal and self-help information, including information on how to complete guardianship forms.

Maine Equal Justice Partners

Maine Equal Justice Partners is a resource for legal information for low-income Mainers.  It advocates for improved systems in healthcare, income supports, food assistance, employment, education, and training.

York County Community Action - Access to Justice Advocacy Program   1-800-644-4202 ext. 30

The Access to Justice Advocacy Program provides assistance to low-income individuals in York County representing themselves in family law matters.  They help people understand the legal system, court procedures and help complete court paperwork.

HelpMELaw

HelpMELaw provides information about different laws and courts in Maine, links to helpful organizations, and self-help legal direction.

janus.state.me.us/legis/statutes

This is a site to read Maine laws.  Once you reach the site, Title 18-A Article V gives laws related to guardianship.  Title 18-A Article IX give laws related to adoption.  Title 22 Chapter 1071 gives laws related to DHHS child protection.

The Maine Department of Health and Human Services  207-624-6600

The Maine Department of Human Services (DHHS) has many online resources including information about their programs, and downloadable publications including information about elder services, child welfare, and MaineCare.

The Maine Department of Education  1-888-577-6690

Maine Department of Education has online information about special education. 

Maine Children’s Alliance     1-866-621-0758     

Maine Children’s Alliance is the home of the child welfare ombudsman.  This is a resource for families concerned about Maine DHHS involvement with their children. 

American Bar Association         

American Bar Association website on kinship care.

Maine Bar Association         

Maine Bar Association website offers referral and legal information pamphlets.

Legal Services for the Elderly  1-800-750-5353

For low income seniors over the age of 60, Legal Services for the Elderly may refer them to a reduced cost lawyer for some kinds of questions related to caring for a child. 

 

Where to Find Free and Low Cost Legal Assistance

The Maine Volunteer Lawyers Project     1-800-442-4293

The Maine Volunteer Lawyers Project (VLP) refers some low-income people to private attorneys for representation on a variety of civil legal issues and assists pro se clients on family law matters. Grandfamilies who are low-income and have the children in their care may be eligible for information, consultations, or representation through the collaboration of Maine Kids-Kin and VLP.  Contact Maine Kids-Kin to see if you are eligible for a referral to VLP.  If you are eligible, VLP will then consider whether you meet their guidelines for service.     

Your County Probate Court

It is possible for low-income relatives to petition the Probate Court for a court-appointed lawyer.  The Court is not required to appoint a lawyer for guardians or potential guardians, but it is possible.

Kids Legal    1-866-624-7787

Kids Legal is a statewide project within Pine Tree Legal Assistance.  Kids Legal specializes in providing legal services addressing the needs of low-income Maine children.  With offices in Portland and Bangor, they provide direct representation,  consultations, and group trainings in areas such as education, housing, public benefits, and family law matters. 

Maine Bar Association Information and Referral Service    1-800-860-1460

This service costs $25 for the name of a lawyer who has agreed to consult with you for a half hour only, at no extra cost.  For any time over a half-hour, the lawyer may charge his or her regular fee.

The Cumberland Legal Aid Clinic     1-877-780-2252

The Cumberland Legal Aid Clinic is a small legal service provider for low income clients.  Clients are represented by third year law students at the University of Maine School of Law.  The students are licensed by the state and federal courts and practice under the supervision of fully-licensed attorney faculty members.

Disabilities Rights Center    1-800-452-1948

The Disabilities Rights Center helps families to advocate for children with disabilities by providing information on rights, services, complaint procedures, and strategies.  They also provide information through published materials and their website.

Mediation Services

Community Mediation Services  1-800-381-0609

Community Mediation Services provides free or low-cost mediation for families throughout the State of Maine.

Penquis Dispute Resolution Center   1-888-497-3500

Penquis Dispute Resolution Center provides free mediation services to residents of Penobscot, Piscataquis, Hancock, Waldo, and Washington Counties.