Child Custody Involving Allegations of Physical & Sexual Abuse Lawyers in Maine

If you or your child is experiencing physical or sexual abuse, you will likely want to request a Protection from Abuse Order from the Court, which will provide you with protection while your underlying separate Divorce or Parental Rights & Responsibilities matter is pending.

If you have a Protection from Abuse Hearing and the Court finds that there was abuse present, the  Family Law Court will consider the findings of facts made by the Protection from Abuse Court when determining Parental Rights & Responsibilities, including the residence of the child and visitation with the offending parent.

The Court may only award primary residence of a minor child or parent-child contact to a parent who has committed domestic abuse if the Court finds that contact between the parent and the child is in the best interest of the child and adequate safety provisions for the child and the parent who is a victim of domestic abuse can be made.

The Court may order the following conditions of parent-child contact in cases involving domestic violence:

• order child exchanges to occur in a protected setting
• order parent-child contact be supervised by another person or agency
• order the parent who committed domestic violence to complete a domestic violence intervention program
• order a parent to abstain from possession or consumption of alcohol or drugs during the parent-child visit and for 24 hours preceding the contact
• prohibit overnight parent-child contact

In addition, the Court may order security from the parent who has committed domestic abuse for the return and safety of the child, and that the address of the child and the parent victim be kept confidential.

Child-Parent Contact

If the Court allows a family or household member to supervise parent-child contact, the Court may establish the following conditions during said contact:

• Minimizing circumstances when the family of the parent who has committed domestic abuse would be supervising the visits
• Ensuring the contact does not damage the relationship between the child and the parent with whom the child has a primary physical residence
• Ensuring the safety and well-being of the child
• Requiring that supervision is provided by a person who is physically and mentally capable of supervising a visit and who does not have a criminal history or a history of abuse or neglect

Termination of Parental Rights & Responsibilities in Cases Involving Sexual Assault

If you are the parent of a child who was conceived as a result of a sexual assault in Maine or in another jurisdiction, you may petition the Court to terminate the parental rights of the offending parent. You must demonstrate that the parent was convicted of a crime involving sexual assault that resulted in the conception of the child, or that the child was conceived as a result of an act of sexual assault in another jurisdiction by clear and convincing evidence for the Court to terminate the other parent’s parental rights and responsibilities.