What Is the Maine Best Interest of the Child Standard?

 

Understand the common factors Maine’s judges use when making child custody decisions.

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Maine courts use the "best interest of the child" standard to make child custody decisions. Specifically, judges refer to Maine Statutes Title 19A, Section 1653(3) which says:

The court, in making an award of parental rights and responsibilities with respect to a child, shall apply the standard of the best interest of the child. In making decisions regarding the child's residence and parent-child contact, the court shall consider as primary the safety and well-being of the child.  

How Courts Make Child Custody Decisions in Maine

Maine law directs the court to consider the following list of specific factors when deciding what is in the best interest of a child:

  • the age of the child
  • the relationship of the child with the child's parents and any other people who may significantly affect the child's welfare
  • the preference of the child, if the child is 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 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
  • 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 Maine's protection from abuse process in order to gain tactical advantage in custody proceeding
  • if the child is under one year of age, whether the child is being breast-fed
  • whether a parent has been convicted of a sex offense or a sexually violent offense as defined by Maine law
  • whether any person residing with a parent has committed serious legal offenses, and
  • whether allocation of some or all parental rights and responsibilities would best support the child's safety and well-being.

The law gives Maine judges a lot of flexibility to establish parental rights and responsibilities based on the best interest of the child. However, the law specifically states that the court may not prefer one parent over the other because of the parent's gender or because of the gender or age of the child.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the key factors courts use to make custody decisions in Maine. That said, family law is a complicated subject and laws do change. We recommend that you read the full version of Maine Statutes Title 19A, Section 1653(3), available from the Maine State Legislature.

Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Maine law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Maine

Finding your local family court. In Maine, family law cases are handled in the county district courts. Be sure to take advantage of the self-help resources your court offers.

Maine Family Law Court for Sagadahoc County


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Jurisdictional relevance: ST

There are versions of this article for each State.