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Lawyers Portland Maine:

Does Maine have specific laws that govern the process of making a custody agreement? What are the laws? And, where can a divorced or separating parent find them?

Every state has individual laws and rules that guide the custody process. The custody laws of Maine are found in Title 19-A of the Maine Revised Statutes. Within this Title, parents can find the information they need to make a parenting plan and custody agreement. Here is a highlight of the more important laws that parents should know.

Title 19-A Section 1653 outlines the rights and responsibilities that parents have toward their children. This section also explains that when parents separate, they court is given authority to award those rights and responsibilities between the parents. This happens when a parenting plan becomes a custody order. The parenting plan, in order to be accepted by the court, must contain information about the allocation of the child’s primary residence (this can be given to one parent, or both parents can share the primary residence), a provision for child support, a statement of definition about how the parents will share legal responsibility, etc.

Section 1653 allows that parents who are able to agree on the parenting plan can submit it together to the court and the court will accept it. If the parents are not able to cooperate on an agreement, they will each present information to a judge and the court will determine the agreement.

Part 3 of Section 1653 explains that all custody decisions in the state of Maine must be made with the best interest of the child in mind. This includes the decision of adopting a custody agreement. The agreement must meet the needs of the child and promote the child’s welfare. Some of the other factors that the court will look at when deciding what is best for the child include: the age of the child; the relationship between the child and each parent; the child’s adjustment to home, school, and community; the stability of any proposed living situation for the child; the preference of the child; the duration of the current living situation and if it should continue; the capacity of each parent to encourage the child to develop a relationship with the other parent; the capacity of the parents to cooperate; the affect on the child if one parent has sole authority in upbringing; if the parents can resolve disputes; and if there has been any history of domestic abuse.

via lawyersportlandmaine.net