Conlogue v. Conlogue, 2006 ME 12

Summary

The Maine Supreme Judicial Court held that applying Maine's Grandparents Visitation Act to grant grandparents standing solely because one parent had died violated the surviving parent's substantive due process rights. The court affirmed dismissal of the visitation petition but vacated the award of attorney fees and costs because the grandparents had not received an adequate opportunity to contest that award.

Holdings

1. As applied to permit the deceased parent's family to litigate visitation over the objection of a custodial surviving parent solely because the other parent has died, 19-A M.R.S. § 1803(1)(A) violates the surviving parent's substantive due process rights.
2. The District Court's award of attorney fees and costs was vacated because the circumstances reflected a misunderstanding about the grandparents' opportunity to oppose the motion and submit financial information; the matter was remanded for reconsideration and a hearing.

Questions Presented

1. Whether 19-A M.R.S. § 1803(1)(A), as applied to permit grandparents to litigate visitation solely because one parent has died, violates the surviving parent's federal substantive due process rights.
2. Whether the District Court abused its discretion by awarding Patricia Conlogue attorney fees and costs without providing the grandparents an adequate opportunity to submit financial information or receive a hearing.

Disposition

reversed_and_remanded