Co-Parenting App for Maine Parents

What Maine courts consider in custody decisions

Maine uses 'parental rights and responsibilities' and considers factors under § 1653(3) including the child's age, the child's relationship with each parent and other significant persons, the preference of the child (if of suitable age and maturity), the duration and adequacy of the child's current living arrangements, the stability of any proposed living arrangements, the motivation of the parties and their capacity to give the child love/affection/guidance, the child's adjustment to present home/school/community, each parent's capacity to allow and encourage a close and continuing relationship between the child and the other parent, each parent's capacity to cooperate in child care, the effect of any domestic abuse on the child, and any other factor having a reasonable bearing on the child's well-being. Maine uniquely distinguishes between 'primary residential care' (where the child primarily lives) and 'parent of primary residence.'

How the custody process works in Maine

Maine custody cases are filed in District Court. Maine uses the terms 'allocated parental rights and responsibilities' (one parent has primary residence with the other having contact rights) and 'shared parental rights and responsibilities' (parents share residential care). Courts may refer parties to mediation through court-connected Alternative Dispute Resolution services. A guardian ad litem may be appointed to investigate and make recommendations. Under § 1657, a parent seeking to relocate with the child must provide at least 30 days' prior written notice.

Key Maine custody statutes

• Me. Rev. Stat. tit. 19-A, § 1653
• Me. Rev. Stat. tit. 19-A, § 1501
• Me. Rev. Stat. tit. 19-A, § 1657