Custody

In making decisions regarding the child’s residence and parent-child contact, the court shall consider the safety and well-being of the child to be the most important factor. The judge will consider the following factors when making a decision about parental rights and responsibilities, in order to decide what’s in the child’s best interests:

• the child’s age;
• the relationship the child has with his/her parents and any other persons who may significantly affect the child’s welfare;
• the child’s wishes if the child is old enough to make an informed decision;
• the length of time (duration) and how good (adequate) the child’s current living arrangements are and the desirability of keeping things the same (maintaining continuity) for the child;
• the stability of any proposed living arrangements for the child;
• the motivation of the parties involved and their ability to give the child love, affection, and guidance;
• the child’s adjustment to the his/her present home, school and community;
• which parent is more likely to make sure that the child has frequent meaningful contact with the other parent, including physical access to the child;
• both parent’s ability to cooperate with each other, or to learn to cooperate, regarding child care, including the willingness to use any methods that could assist with parental cooperation;
• the effect on the child if one parent has sole authority over the child’s upbringing;
• the existence of any history of child abuse by a parent;
• all other factors having a reasonable bearing on the physical and psychological well-being of the child;
• whether a parent has misused the protection from abuse order process to gain an advantage in the parental rights and responsibilities process;
• whether the child is being breast-fed if the child is under one year of age;
• whether allocation of some or all parental rights and responsibilities would best support the child’s safety and well-being;
• the existence of domestic abuse by one parent against the other parent, in the past or currently, and how that abuse affects:
  • the child emotionally;
  • the safety of the child; and
  • everything else listed above, which must be considered in light of the domestic abuse; and
• whether a parent or someone the parent is living with, such as a new spouse or boyfriend/girlfriend, is a convicted sex offender.¹

¹ Me. Rev. Stat. tit. 19-A § 1653(3)

Usually, you can file in your child’s home state. The “home state” refers to the state your child has lived in with one or both parents, or a person acting as a parent, for at least the last six months before the date you file. If your child is less than six months old, the “home state” is the state where your child has lived since birth.¹ For example, if you and your child moved to Maine less than six months ago, Maine would not be your child’s home state. You will probably have to file in the state that you and your child lived in before moving to Maine assuming that the other parent still lives there. Another option might be waiting to file in Maine once you and your child have lived in Maine for at least six months. There are legal consequences for both of these options – we suggest talking to a lawyer for advice on what is best for your situation. You can find a lawyer on our Maine Finding a Lawyer page.

¹ Me. Rev. Stat. tit. 19-A § 1732(7)

The court can order that the address of you and your child be kept confidential.¹ If you are afraid for your safety if the other parent has your address, make sure you tell this to the court clerk and the judge so that the proper steps can be taken to keep you and your child safe. For example, in addition to keeping your address confidential, the judge can order that you and the other parent exchange the child at a different location than your home.²

¹ Me. Rev. Stat. tit. 19-A § 1653(6)(D)
² Me. Rev. Stat. tit. 19-A § 1653(6)(B)(1)