Child Custody and Relocation Lawyers in Maine

Relocating with Children After Divorce in Maine

Life doesn’t stand still after divorce. Whether you’re pursuing a new career opportunity, continuing your education, or starting a new chapter in a different city or state, relocation may become necessary. But if you share custody or have parental rights, relocating with your child in Maine involves strict legal procedures and court approval.

Maine courts prioritize the best interests of the child—which means relocating without proper notice or consent can result in serious legal consequences, including changes to your custody arrangement.

If you’re considering a move, it’s essential to consult with an experienced Maine child custody and relocation attorney before making any decisions. At The Maine Divorce Group, we help parents understand their legal rights, meet court requirements, and advocate effectively whether they are seeking or contesting a relocation.

What If You Want to Relocate with Your Child in Maine?

In Maine, both law and public policy strongly support a child’s right to frequent and continuing contact with both parents, even after a divorce or separation. As a result, relocating with your child—especially over long distances—is not a decision you can make unilaterally.

When Is Court Involvement Required?

If you plan to relocate more than 60 miles from your current residence and more than 60 miles from the other parent’s home, you are legally required to:

• Provide written notice to the other parent at least 30 days before the proposed move
• Seek a modification of your parental rights and responsibilities (custody) order if the other parent objects

The court will carefully review any proposed relocation to ensure it does not interfere with the child’s relationship with the other parent, unless doing so is in the child’s best interest.

If the non-relocating parent opposes the move, a hearing or trial may be necessary. The judge will evaluate a variety of factors, including the child’s emotional and physical well-being, the reasons for the move, and whether the relocation would significantly reduce the other parent’s time and involvement.

What If There Are Safety Concerns?

In cases involving domestic violence, abuse, or serious safety concerns, the relocating parent may request that the court deliver notice on their behalf to protect the child. The court can take additional steps to ensure that the relocation process is handled safely and in accordance with Maine law.

If you’re considering relocation with your child, working with an experienced Maine relocation and child custody attorney is crucial. The Maine Divorce Group can help you navigate these complex legal requirements and build a compelling case that protects your rights and your child’s best interests.

How Do Maine Courts Decide Whether to Approve a Relocation?

When a parent requests to relocate with their child in Maine, the court must determine whether the move is in the child’s best interest. There’s no automatic approval—each case is evaluated individually based on specific legal and practical factors.

Key Factors the Court Will Consider:

Maine courts carefully assess the following when deciding whether to allow a relocation:

• The child’s preferences, depending on age and maturity
• The wishes of the non-relocating parent
• The child’s social, emotional, physical, psychological, and educational needs
• Each parent’s willingness and ability to support the child’s ongoing relationship with the other parent

It’s important to note that the court is prohibited from considering the gender of either the parents or the children when making relocation or custody decisions. The focus remains squarely on what arrangement will best promote the child’s health, development, and access to both parents.

If you’re planning to relocate—or you’re opposing a proposed move—it’s critical to have a knowledgeable Maine family law attorney who can help you present a strong case that aligns with the court’s priorities and the legal standards.

How Do Maine Courts Typically Rule on Relocation Cases?

Maine courts handle child relocation cases with great care, always prioritizing the best interests of the child. While each situation is evaluated individually, a key takeaway from past rulings is clear: unauthorized relocation or moves that significantly disrupt the child’s stability or relationship with the other parent are unlikely to be approved.

A Notable Maine Relocation Case: What the Courts Decided

In one influential Maine case that reached the state’s high court, the mother sought to relocate with her children to Oregon shortly after divorcing their father. The parents shared physical custody, but the children spent the majority of their time living with their mother.

Here’s what happened:

• The mother remarried and planned to move out of state.
• She filed proper notice, and the case proceeded to trial.
• The trial judge ruled that if the mother stayed in Maine, she could retain custody, but if she moved to Oregon, custody would transfer to the father.
• The mother appealed, but the Maine Supreme Judicial Court upheld the lower court’s decision.

The court emphasized that the proposed relocation would disrupt the children’s stability and limit the strong parental bond they had with their father. The decision reaffirmed the principle that a parent’s desire to move must be weighed against how the move affects the child’s emotional, educational, and developmental well-being.

The Bottom Line on Relocation in Maine

There is no one-size-fits-all answer, but Maine courts consistently apply the “best interests of the child” standard to all relocation cases. If a move threatens to interfere with the child’s ongoing relationship with the other parent—or causes undue disruption—the court may:

• Deny the relocation
• Transfer custody or parental rights to the non-moving parent
• Require additional safeguards, parenting plans, or court approvals

Never relocate with your child without a court order or the other parent’s consent. Doing so may result in serious legal consequences, including changes in custody. Always speak with a qualified Maine child custody and relocation attorney before making any decisions.

Do You Need to Relocate After a Divorce Involving Children?

If you’re considering relocating after a divorce involving children, it’s essential to understand your legal rights and obligations under Maine law. Relocation cases are complex, and even well-intentioned moves can have serious legal consequences if not handled properly.

Before making any decisions, speak with an experienced Maine child custody and relocation attorney who can guide you through the process and help protect your parental rights.

At The Maine Divorce Group, we provide trusted legal advice and representation for parents facing post-divorce relocations. Our attorneys will walk you through the legal steps required to pursue a relocation, respond to an objection, or challenge a proposed move that may not serve your child’s best interests.

Contact us today to schedule a confidential consultation and get the support you need to move forward—legally and confidently.