Maine Child Custody Agreement

Introduction

Key Things to Know

1. 1

   The rule that matters is 19-A M.R.S. 1653(2)(A). When the parents have agreed to an award of shared parental rights and responsibilities, or so agree in open court, the court shall make that award unless there is substantial evidence that it should not be ordered. The same paragraph then requires the court to state in its decision the reasons for not ordering a shared award the parents agreed to. That is a mandatory verb with a narrow exit and a written explanation attached to it.

2. 2

   Read the scope of that rule carefully, because it is where Maine parents go wrong. The mandate is written for agreements to shared parental rights and responsibilities only. If you agree instead to allocated parental rights and responsibilities, or to sole parental rights and responsibilities, 1653(2)(A) does not reach your agreement and the court applies the ordinary best interest standard in 1653(3). In Maine you buy deference by choosing the statutory category, not by agreeing as such.

3. 3

   The three categories are defined at 19-A M.R.S. 1501. Shared, under 1501(5), means most or all aspects of the child's welfare remain the joint responsibility and right of both parents, who confer and make joint decisions. Allocated, under 1501(1), means responsibilities for the various aspects of the child's welfare are divided between the parents, exclusively or proportionately, with the parent allocated a particular responsibility having the right to control that aspect. Sole, under 1501(6), means one parent has exclusive parental rights and responsibilities as to all aspects.

4. 4

   Maine's vocabulary is a genuine replacement, not a rename. Title 19-A does not define legal custody, physical custody, or joint custody, and in the chapter that decides these cases the word custody never names what the court awards. Time with a child is parent-child contact. Where the child lives is primary residence, or shared primary residential care where both parents share it. An agreement written in joint legal and joint physical custody language names nothing the Maine statute defines, so use the statutory terms.

5. 5

   Maine has no parenting plan. There is no separate plan document the parents file, so generic parenting plan checklists do not apply here. What the statute prescribes instead is the contents of the court's order: 19-A M.R.S. 1653(2)(D) requires the order to state the allocation itself, and where shared rights are awarded, either primary residential care in one parent with parent-child contact to the other or shared primary residential care; contact conditions in cases involving domestic abuse; a child support provision or the reasons for not ordering support; a statement that each parent must have access to the child's medical, dental and school records and to information on school activities whether or not the child resides with that parent; a statement that violating the order may bring contempt and sanctions; and, for a shared award, a recital of the statutory definition of shared parental rights and responsibilities. 19-A M.R.S. 1653(14) adds a relocation notice requirement to every shared or allocated order.

6. 6

   Mediation is compulsory, and the resulting agreement is still not self-executing. Under 19-A M.R.S. 251(2) the court shall refer the parties to mediation before a contested hearing where there are minor children, waivable only on affidavit showing extraordinary cause, and 251(4) allows sanctions for failing to mediate in good faith. But 251(3) requires an agreement reached in mediation to be reduced to writing, signed by the parties, and presented to the court for approval as a court order. Maine compels you into the process and then still requires a judge to sign off on what it produces.

7. 7

   Domestic abuse operates as a hard gate in Maine, not as a presumption. Under 19-A M.R.S. 1653(6)(A) a court may award primary residence or parent-child contact to a parent who has committed domestic abuse only if it finds that contact is in the child's best interest and that adequate provision can be made for the safety of the child and of the victim parent. If it does, 1653(6) supplies a menu of conditions it may impose, including exchanges in a protected setting, supervised contact, and completion of a certified domestic abuse intervention program. Domestic abuse is also factor (L) in the best interest list, which directs that the other factors be considered in light of past or current abuse. If abuse is part of your situation, this belongs with a lawyer rather than on a form.

Maine Requirements for Child Custody Agreement

• Agreed shared award under 19-A M.R.S. 1653(2)(A)

  Where the parents have agreed to an award of shared parental rights and responsibilities, the court shall make that award unless there is substantial evidence that it should not be ordered, and shall state its reasons in the decision if it does not. Use the statutory phrase in the agreement.

• Choosing a category under 19-A M.R.S. 1501(1), (5) and (6)

  Name the award as shared, allocated, or sole parental rights and responsibilities. The mandate in 1653(2)(A) is written for shared awards only, so an agreement to allocated or sole rights is reviewed under the ordinary best interest standard.

• Residence and contact under 19-A M.R.S. 1653(2)(D)(1)

  Where shared parental rights and responsibilities are awarded, the order must also provide either primary residential care in one parent with parent-child contact to the other, or shared primary residential care. Say which one you are asking for.

• Recital of the shared definition under 19-A M.R.S. 1653(2)(D)(6)

  An order awarding shared parental rights and responsibilities must state the statutory definition in 1501(5), so the order tells both parents on its face that they confer and make joint decisions. Include that language in the agreement you submit.

• Access to records under 19-A M.R.S. 1653(2)(D)(4)

  The order must state that each parent has access to the child's medical, dental and school records and to information on school activities, whether or not the child resides with that parent, unless the court finds access contrary to the child's best interest or sought to cause detriment to the other parent.

• Contempt warning under 19-A M.R.S. 1653(2)(D)(5)

  The order must state that a violation may result in a finding of contempt and the imposition of sanctions under 1653(7). Carrying that statement into the agreement keeps the submitted document aligned with the order the court has to enter.

• Relocation notice under 19-A M.R.S. 1653(14)

  Notice must be given to the other parent at least 30 days before the intended relocation of a child, and every order awarding shared or allocated parental rights and responsibilities must require it. There is no distance threshold, and safety valves cover short-notice moves and cases where notifying the other parent would create danger.

• Notice as a change in circumstances under 19-A M.R.S. 1657(2)(A-2)

  Receipt of a relocation notice is itself a substantial change in circumstances, and 1657(2)(A-1) presumes disruption where the child moves more than 60 miles from either parent's residence. Expect that serving notice may prompt a motion to modify.

• Mandatory mediation under 19-A M.R.S. 251(2) and 251(3)

  The court refers the parties to mediation before a contested hearing where there are minor children, waivable only on affidavit for extraordinary cause. An agreement reached in mediation must be reduced to writing, signed, and presented to the court for approval as a court order.

• Domestic abuse limitation under 19-A M.R.S. 1653(6)(A)

  A court may award primary residence or parent-child contact to a parent who has committed domestic abuse only if it finds that contact is in the child's best interest and that adequate provision for the safety of the child and the victim parent can be made. This is a gate on the award, not a presumption to be rebutted.