Child Custody & Parental Rights in Maine

Child custody is referred to as “parental rights and responsibilities” in Maine. This covers both the “physical custody” of the child (who the child lives with most of the time) and the decision-making responsibilities, which is often referred to as “legal custody”.

Regardless of the terminology, parents in Maine should understand their rights and responsibilities when raising children, as well as the ways they can work together in the best interests of their children.

Let’s look at the types of child custody available in Maine, the factors considered by courts when making a decision, and the rights and responsibilities of each party.

Child custody or “parental rights and responsibilities” is principally determined by the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act in Maine.

This legislation provides guidance when determining the legal authority to care for a child and to make major decisions about the child’s life and well-being.

The right to make decisions about a child’s religious upbringing, healthcare, education, etc., is sometimes called “legal custody”. It is commonly shared between both parents in Maine.

The “primary residence” (sometimes called “physical custody”) refers to where the child usually lives.

Parents must agree on these matters when they separate or the court will intervene to make the appropriate decisions.

Parental rights are among the strongest rights afforded to individuals in Maine, and they are generally only removed in cases where retaining them might harm the child.

Often, the children live primarily with one parent but the other parent retains parental rights and responsibilities. A visitation schedule must then be organized for the children to see the other parent.

The Maine Statute does not expressly require the court to designate the division of time during which the child resides with either parent. However, if the parents cannot agree, a judge may need to designate a primary residency and a schedule for parental contact between the nonresidential parent and the children.

In rare cases, parents share primary residence (“physical custody”), with the children living at each residence for approximately equal time throughout the year.

In Maine, parental responsibilities are focused on meeting a child’s physical, emotional, and financial needs. In particular, parents must provide food, shelter, education, and medical care, as well as a safe and supportive environment. They must make decisions about schooling, health care, and activities, follow court-ordered parenting plans, and follow Maine’s child support guidelines.

In the majority of cases, parents share decision-making rights and both parents spend substantial time with the children (shared custody).

However, sole custody may be awarded by the Maine courts in some circumstances. One parent will then be responsible for making decisions, with the child living permanently at the residence of this parent. Even then, however, the other parent usually retains visitation rights, though the visits may need to be supervised.

Typical situations where sole custody may be awarded are if:

• One parent has a documented history of domestic violence or abuse.
• One parent has a history of substance abuse that could impact the child’s safety.
• There are severe mental health concerns for one parent.
• There is a history of neglect or abandonment of the child by a parent.
• Shared custody would lead to high conflict that could harm the child.
• One parent wants to move far away and the court determines that shared custody is impractical and not in the child’s best interests.

In all court decisions regarding custody of children in Maine, the standard used is the best interests of the child.

These will be determined based on consideration of the following factors, and others:

• The child’s age and needs.
• Each parent’s ability to provide a stable, loving, and supportive environment for the child.
• The child’s relationship with each parent, any siblings, or anyone else of consequence in the relationship.
• The child’s preferences (if mature enough to express a considered opinion).
• Any factors such as domestic violence, neglect, or substance abuse that could harm the child.
• The child’s current living arrangements and the desirability of maintaining continuity.
• The level of cooperation and communication between the parents for childcare.
• Any other factor that could have a reasonable impact on the child’s well-being.

Some special considerations should be noted by parents when it comes to child custody decisions in Maine.

The allocation of rights to a third party

If the award of parental rights and responsibilities to either parent is deemed to jeopardize the child’s safety, well-being, and development, the courts may award parental rights and responsibilities to a third person, a suitable society/institution, or the Department of Human Services.

Guardian ad Litem

The court also has the power to appoint a Guardian ad Litem in disputed custody cases. This is a professional working on behalf of the child and is responsible for investigating the child custody situation. Suitable recommendations are made to the court based on the child’s best interests.

The rights and responsibilities of unmarried parents

In Maine, unmarried parents have the same rights and responsibilities as married parents once legal parentage is established. The mother is automatically a legal parent, while the father must establish paternity through a voluntary acknowledgment or court order. Both parents can then share custody and make decisions about the child’s upbringing, and must provide financial support.

Grandparents’ rights in Maine

In Maine, grandparents may petition the court for visitation during or after a divorce or separation if it serves the child’s best interests and if a strong, existing relationship with the child is shown. The courts prefer these decisions to rest with the parents, but a judge may intervene in disputed cases to ensure that decisions balance the child’s best interests with parental rights.

Relocating parents

In Maine, a parent who wants to relocate with a child must notify the other parent in advance if the move will significantly affect the existing parenting schedule. In disputed cases, the court will decide whether the relocation is in the child’s best interests. The decision can affect the custodial decision, potentially requiring a modification of the original custody order.

Custody modifications

In Maine, parental rights and responsibilities orders can be modified by filing a motion with the court if a substantial change in circumstances affects the child’s best interests. Examples include a parent relocating, changes in work schedules, safety concerns, or a parent’s improved ability to care for the child.

With so many considerations for parents after separation and divorce, reliable legal advice is essential to protect the long-term best interests of the children, as well as parental rights.

For legal assistance with any aspect of divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.