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EspañolStep 2: File and serve the petition
The legal paperwork that starts a parental rights and responsibilities (custody) case is called a petition. You will usually file your petition in the family division of the district or probate court in the county where either parent lives.1
The exact petition you file may depend on whether or not you are married to the child’s other parent, as you can see in the chart below.
| If you and the other parent are… | Then you can usually file for custody in… |
|---|---|
| married and getting divorced | the divorce case. |
| married but not divorcing | a separate parental rights and responsibility petition. |
| not married | a separate parental rights and responsibility petition, but legal fatherhood (paternity) may need to be established before or during the custody case. |
Sometimes, non-parents can also file for custody or visitation rights. To find out about filing as a non-parent, go to Can a grandparent or other relative get parental rights and responsibilities? and Can a grandparent get visitation? or talk to a lawyer.
The custody petition forms you need will be available at your local courthouse. Many forms are also available online. Although the form will ask you for your address, if you are afraid of the other parent and don’t want him/her to know your address, you can ask to keep it confidential. Ask the court clerk for more information.
Some courts may have a court assistance officer or other staff who can help you complete the forms you need to file. However, court staff cannot advise or represent you. It’s best to get help from a lawyer to make sure that you have all of the forms and fill them out correctly. You can use our Maine Courthouse Locations, Download Court Forms, and Finding a Lawyer pages to find your county’s court, the forms, and local lawyers.
Depending on what’s going on with the child and the other parent, you may be able to ask for a temporary parental rights and responsibilities order when you file your petition. That may require appearing in front of the judge. However, in most cases, you will just file the petition, and then the clerk will tell you a date to return to court a few weeks or months later. If your child’s well-being is in danger, make sure to mention this on the petition and notify local authorities as needed. It may also be possible to file for a restraining order, also called a protection from abuse (PFA) order and get temporary parental rights and responsibilities as part of the protection from abuse order.
After you file, the papers will need to be given to the other parent. This is called “service of process,” and there are specific rules on how to do it. You may want to ask the clerk for the instructions on how the other party must be served in your state.
1 Me. Rev. Stat. tit. 19A § 1654
