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After a divorce, your life continues to move forward, and your circumstances may change. For one reason or another, be it a job change, going back to school for a new career, or a new marriage, you may want to relocate. If you have parental rights granting you custody of your children, relocating may not be quite as simple. If you are considering a move, it is crucial that you discuss your plans with an experienced Maine family law attorney. Your attorney can inform you of your rights and responsibilities for the relocation and ensure that you take all the legally necessary steps in relocating.
Family courts in Maine, as expressed by public policy, desire frequent and continued contact for children with both of their parents after a divorce, separation, or otherwise end to their relationship. A parent is free to move alone, but if they wish to move with a child, the court needs to become involved.
Under family laws in Maine, a parent who is relocating needs to provide the other parent with a minimum of 30 days’ notice of intent of their potential move. If the non-relocating parent objects to the relocation, the relocating parent is required to go to court to ask the judge for a change in custody.
If the relocating parent is afraid that the other parent will be angered by this notice and could potentially cause harm to them or their children, they can give the notice to the court. The court will then give the notice to the non-relocating parent and, at the same time, take steps to ensure the other parent and child are safe. Do not, under any circumstance, move without providing this notice or consulting with a lawyer. Doing so can lead to severe consequences such as the court requiring you to return the child and transferring custody to the other parent.
There is no one-size-fits-all answer as to whether the court will approve your move with your children. In making its decision, the court will take several factors into account. They will consider:
They are not allowed to consider the gender of the parents or the children when making this decision or other decisions affecting custody.
As with many other post-divorce issues, you should always consult with a knowledgeable lawyer before taking steps towards relocating with your child after a divorce. It is more important than ever that you are aware of your rights and responsibilities at this time. Attorneys from The Maine Divorce Group can help you with the proper legal steps you need to take in order to relocate with your child. Contact us today to schedule a consultation with one of our well-versed attorneys.
Excellent law firm.
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They were very professional and the services provided to me were beyond my expectations. I was able to leave the issues in the hands of Mr. Bly and not only did he provide excellent service, but went above and beyond on my case. The outcome was better than I could…
Honest and fair practice. Treated me right, from the first point of contact until completion.
This team is the best around! Very professional , caring and involved. I would highly recommend their services to anyone in need. Very prompt at answering questions and you’ll allows get a personal experience while calling them. Thank you guys for making our situation a lot easier.
Every person at this firm was exceptional. I would highly recommend them. They more than exceeded my expectations and made a very stressful situation much easier to handle. I cannot express my gratitude enough!
Contacted Attorney Bly for a consultation on a sensitive issue. His staff is wonderful and caring and extremely attentive with their contact. Attorney Bly was extremely helpful with his guidance and recommendation for my case. He listened to what I had to say and made excellent suggestions for a path…
Good communication and very knowledgeable.
Excellent Attorney! Highly recommended.
The attorneys at The Maine Divorce Group understand how emotional and complex the divorce process can be and we are here to help.
Call to speak with a member of our team today, who can discuss your case and set up a consultation with one of our attorneys.
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