Maine Child Custody Attorneys

If you have children, and you are married or in a relationship and your relationship is dissolving, the well-being of your children is most likely your highest priority. When couples with children, whether married or unmarried, end their relationship, parents will need to determine the rights and responsibilities of each party as it relates to the children. If the parents cannot come to an agreement regarding living and visitation arrangements, the Court is responsible for analyzing the situation and awarding parental rights and responsibilities, including custody (primary residence) and child support, to the parents.

Primary Residence (“Custody”)

When parents are unable to come to an agreement as to where the children will live, the Court will determine the children’s primary residence. This is sometimes referred to as “custody”. When the children live primarily with one parent, the Court will determine a visitation schedule for the children to see the other parent.

In some situations, either by agreement or by Court Order, the parents will share a primary residence, and the children will live at each residence for a substantially equal amount of time throughout the year.

Primary residence, shared residence, and visitation schedules vary considerably. Perhaps you wish for your children to live at one home during the school week to provide stability during school, with visitation with the other parent during the weekends. Perhaps you wish for your children to not go more than a few days without seeing either parent. Summer and school vacation time is also used to ensure that children have quality time with both parents.

Whether the children live at a primary residence or live at both parents’ residences for a substantially equal amount of time, the residence of the children will impact the Child Support calculation.

A Family Law Trial Lawyer will help you create a proposed residence and visitation schedule that you believe works best for you and your children.

Best Interests of the Child

In making the decision regarding a child’s residence, the Court will consider the “Best Interest of the Child” factors, as listed in the Maine statute, which includes the following:

• The age of the child
• The relationship of the child with the child’s parents and any other persons who may significantly affect the child’s welfare
• The preference of the child, if old enough to express a meaningful preference
• The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity
• The stability of any proposed living arrangements for the child
• The motivation of the parties involved and their capacities to give the child love, affection, and guidance
• The child’s adjustment to the child’s present home, school, and community
• The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access
• The capacity of each parent to cooperate or to learn to cooperate in childcare
• Methods for assisting parental cooperation and resolving disputes and each parent’s willingness to use those methods
• The effect on the child if one parent has sole authority over the child’s upbringing
• The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects:
  • The child emotionally
  • The safety of the child
• 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
• A parent’s prior willful misuse of the protection from abuse process
• If the child is under one year of age, whether the child is being breastfed
• The existence of a parent’s conviction for a sex offense or a sexually violent offense
• If there is a person residing with a parent, whether that person has been convicted of a crime
• Whether the allocation of some or all parental rights and responsibilities would best support the child’s safety and well-being

A Family Law Trial Lawyer will help you analyze your specific family situation with respect to your child’s residence and the rights and responsibilities of each parent.