Who gets custody? (Section 1653, Title 19-A)

When parents separate in Maine, the court is given authority to award parental rights and responsibilities between the parents. This happens when a parenting plan becomes a custody order. A Maine parenting plan will 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.

In Maine, both parents have an equal right to be the custodial parent–there is no preference given based on the gender of the parent. Parents are encouraged to share the right of primary residency–this means that the child spends significant time with both parents. If it is better for the child to have one parent as the primary residence, the other parent should have ample visitation in the schedule.

This Section also 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.

Grandparent visitation. (Section 1803, Title 19-A)

A grandparent may petition for visitation if one of the children’s parents have died, if the grandparent and the child have a significant relationship, or if that relationship between the grandparent and the child doesn’t exist then the grandparent has made an effort to begin one. The court will grand visitation if it finds that it is in the best interest of the child to do so. If a grandparent is given visitation, a Maine visitation schedule must be made to accommodate it.

Best interest of the child. (Part 3, Section 1653)

All custody decisions in the state of Maine must be made with the best interest of the child in mind. This includes all of the decisions that go into a Maine custody schedule. The schedule must meet the needs of the child and promote the child’s welfare. Some of the 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.