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