Child Custody Factors
Maine courts consider the following factors in making custody-related determinations:[1]
- 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 child care;
- Methods for assisting parental cooperation and resolving disputes;
- 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;
- 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;
- If the child is under one year of age, whether the child is being breast-fed;
- The existence of a parent’s conviction for a sex offense or a sexually violent offense as those terms are defined in Title 34‑A, section 11203;
- If there is a person residing with a parent and whether that person has been convicted of a crime under Title 17‑A, chapter 11 or 12,;
- Whether allocation of some or all parental rights and responsibilities would best support the child’s safety and well-being.
How to File for Custody in Maine
1. Agree on a Parenting Plan
Prior to filing for custody, parents should try to get on the same page about the terms of custody. If parents can agree on a plan, the judge will generally approve of the agreement at the hearing unless there is “substantial evidence” that it should not be approved.[2]
If parents cannot agree on a co-parenting arrangement, the court offers mediation.[3] Watch the Maine Judicial Branch’s educational video to learn more about mediation in Maine family matters.
2. Calculate Child Support
Under Maine’s child support guidelines,[4] the sum of both parents’ gross income and the number of children involved will help determine the amount of child support that will be ordered by the court. The Schedule of Basic Child Support Obligation can be used to estimate the amount that will be ordered.
3. File Complaint
If parents are married, then custody agreements will be determined as part of their divorce hearing. To file for divorce, file a Complaint for Divorce (FM-004). If parents are unmarried, then the appropriate form is Determination of Parentage, Parental Rights & Responsibilities, and Child Support (FM-006).
In either situation, the following forms must also be completed:
- Social Security Number Confidential Disclosure Form (CV-CR-FM-PC-200);
- Child Support Affidavit (FM-050); and
- 2 copies of the Acknowledgment of Receipt of Summons and Complaint or Post-Judgment Motion (FM-036).
Forms must be signed in the presence of an attorney, notary public, or the court clerk, then filed in the corresponding court. The filing fee is $120.
4. Serve Complaint
The party that files a complaint must serve the complaint on the other party. Papers must be served in person, by certified mail, or by engaging a sheriff or professional process server.
The respondent must sign a copy of the Acknowledgement form, and if papers were not served in person, then this form must be returned to the sender within 20 days. Once the Acknowledgement has been filed with the court, the clerk will schedule a hearing.
5. Appear in Court
Both parties will be required to attend a case management conference. If both parents have already agreed on their parenting plan, the judge may, at this point, hold an uncontested hearing and grant a custody order.
If, however, the parents do not agree, then the judge will likely order a contested hearing, at which a formula will be used to determine a custody agreement.
Custody Laws
- Child’s Preference: The court considers the child’s preference if the child is “old enough to express a meaningful preference.”[5]
- Domestic Abuse: § 1653(B)
- Sexual Abuse: § 1653(6-A)
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 19-A, Chapter 58
- Visitation: § 1653(2)
Related Forms
