Filing for Parental Rights & Responsibilities in Maine
In Maine, legal parents have "equal rights and responsibilities to care for and raise their children," unless a court says otherwise.
Start a divorce with children or a parental rights and responsibilities case to ask the court for orders declaring how you will split time, decision-making and financial support with the other parent.
A lawyer can start your case for you. Otherwise, follow the steps below.
You're the plaintiff, and the other parent is the defendant.
Step 1: Prepare your forms
Many Maine family forms are available online.
The following forms are required to start a divorce with children or a parental rights and responsibilities case:
- Complaint for your case type (See below.)
- Family Matters Summons and Preliminary Injunction (This must be purchased from the court for $5.)
- Family and Probate Matters Summary Sheet
- SSN Confidential Disclosure Form
- Child Support Affidavit (one filled out by each parent)
- Affidavit of Confidential Address (if you don't want the other parent to know your address)
- Application to Proceed Without Payment of Fees plus a Financial Affidavit (if you cannot afford filing fees)
If you've already reached a temporary or final agreement, fill out a Certificate in Lieu of Conference to let the court know you don't need to attend a case management conference. Attach your agreement, including your parenting plan, and any applicable paperwork listed on the form.
Even if you don't have an agreement, you may provide the court with a proposed parenting plan outlining what you believe is best for your child.
Some forms need to be notarized by a court clerk or a notary public. You'll see an additional spot for their signature on the form if so.
Make two copies of your forms, except the SSN Confidential Disclosure Form, Affidavit of Confidential Address (if needed) and Application to Proceed Without Payment of Fees (if needed). Make a copy of a blank Child Support Affidavit to give to the defendant.
Divorce with children
If you want to end your marriage, you'll file for divorce.
You can only file for divorce in Maine if you've lived in the state for at least six months or your spouse is a resident.
Fill out a Complaint for Divorce along with the other relevant forms above.
Look at the instructions for divorce for guidance in filling out all the forms and serving your spouse.
Parental rights and responsibilities
Parental rights and responsibilities (PR&R) cases are for parents who've never married.
You'll need to establish paternity if who you believe to be the child's father has not already been established as such by law. There are ways for LGBTQ+ parents to establish parentage as well.
Fill out a Determination of Parentage, Parental Rights & Responsibilities and Child Support along with the other relevant forms listed above.
Look at the instructions for PR&R cases for guidance in filling out all the forms and serving them on the other parent.
Step 2: Let the other parent know
The other parent becomes aware of the case through service. This is when they're provided with copies of the forms you filled out. You don't need to serve the SSN Confidential Disclosure Form or Application to Proceed Without Payment of Fees.
If the defendant will accept service from you, give or mail the forms to them. They must sign an Acknowledgment of Receipt of Summons and Complaint, which you'll file with the court as proof of service.
Otherwise, your options are:
- Pay a sheriff to serve
- Send the copies by certified mail, restricted delivery
If you use the sheriff for service, you must provide them the original Summons and Preliminary Injunction, plus one copy. After they serve the paperwork, they will return the original Summons and Preliminary Injunction to you, which you must file with the court as proof of service.
If you serve the paperwork by certified mail, restricted delivery, and the person you are serving signs for it, you will receive a green card (Domestic Return Receipt) back in the mail. You must file the green card with the court as proof of service.
After service, the defendant has 21 days to respond with an answer form (with or without a counterclaim) or an Entry of Appearance to show they will participate in the case.
Step 3: File the forms
Next, mail or hand deliver your original forms to the district court serving the city you live in. You'll also turn in your proof of service. There's a $120 filing fee.
Preparing for what comes next
The next step in your case depends on whether you've reached an agreement.
Those with agreements have an uncontested hearing, where a judicial officer reviews and usually approves the agreement. In a divorce, the uncontested hearing is only scheduled when at least 60 days have passed since serving the defendant.
Those without agreements attend a case conference, where a magistrate might make temporary arrangements for child custody and support, set case deadlines and schedule mediation.
Technology can help you prepare.
The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.
You can customize this to fit your situation with Custody X Change.
Be prepared for your hearing and every step of your case with Custody X Change.
Our professional sources
The following lawyers helped us understand child custody in Maine and could help you, too.
Amy Robidas
Portland, ME
Childs, Rundlett & Altshuler
Ken Altshuler
Portland, ME
Jason Rice
Portland, ME
Additional resources
For more guidance, look to: