Child Custody Laws in Maine

Maine uses the term parental rights and responsibilities. The court applies the best interest of the child, treating the child's safety and well-being as primary. Factors include the child's age; relationships with parents and others; the child's preference, if old enough to express a meaningful one; stability of current and proposed living arrangements; each parent's ability to encourage contact with the other parent and to cooperate; domestic abuse and child abuse history; and other factors bearing on the child's well-being. If parents agree to shared parental rights and responsibilities, the court must order it unless there is substantial evidence it should not. State policy favors frequent and continuing contact with both parents unless that would not serve the child's best interest. No specific age is set for the child's preference, and the court may not prefer one parent because of gender.

In a divorce or parental rights case, a party can file a motion for an interim order (an order before judgment) on parental rights and responsibilities and child support, with a witness list, time estimate and draft order. Interim orders require notice to the other party. A party can also ask for an expedited hearing by showing extraordinary circumstances on the court's Request for Expedited Hearing form; no substantive relief is granted without notice and an opportunity to be heard. Separately, in a protection from abuse case, the court can issue a temporary ex parte (without the other side present) order about parental rights for minor children when there is an immediate and present danger of abuse to the plaintiff or a minor child.

When there are minor children, the court must refer the parties to mediation before a contested hearing in a divorce, separation or parental rights case, unless the court waives it for extraordinary cause. The court may also require parents to attend a co-parent education class; four-hour in-person classes are offered around the state, and providers generally charge a fee.