Introduction

Over 11,350 children in Maine live with relatives or close family friends.  For many of these children, the birth or adoptive parents are unable to care for the children.  In this book, we refer to families in this situation as grandfamilies.  People caring for the children, are called relative caregivers.  This type of living situation is also sometimes referred to as kinship care.  The children are typically living with grandparents, other non-parent relatives (such as aunts, uncles, cousins or siblings), or family friends. 

Relatives and family friends can become grandfamilies in one of several ways. Sometimes the living situation is formal, and is requested by a State agency and ordered by a Court.  Other times, the living situation is very informal and the birth parents have simply asked friends or relatives to care for their children for a short period of time.  This handbook introduces the different legal options available.  We discuss the legal authority given to the caregiver under each of those options and explain the caregiver’s rights and responsibilities. 

Parents, whether biological or adoptive, are joint guardians of children. This means they both have responsibility for the children’s care and control, and right to their services and earnings, until a child is 18 years old.  Parents have the right to make decisions about how and where the child will be brought up and what the child’s relationship with other relatives will be. 

In the past, this set of rights was called custody.  However, Maine Courts now use the term parental rights and responsibilities.  Parental rights and responsibilities include both where the children live and the right to make decisions about the children’s upbringing. 

Parental rights and responsibilities can be changed and given in full or part to other relatives or individuals through legal procedures.

The following chapters explain the different legal arrangements (or custodial relationships) and the strengths and weaknesses of each.  In the appendix, you will find a chart that provides an overview of all the legal custodial relationship options.  This may help you compare one option to another.  We also explain how these options affect the child’s education; there is also a chart that provides an overview in the appendix.  Lastly, we assist you in finding legal information and advice.