Maine Parenting Plan
A Maine parenting plan sets out parental rights and responsibilities and parent-child contact that two parents ask the court to approve in the best interest of the child. Attorney review available.
Find out where you stand in Maine
What is your situation with the parenting plan?
DocDraft provides document preparation, not legal advice.
Introduction
A parenting plan is a written agreement setting out how two parents will share decision-making and time with their children, used by parents who are divorcing, parents who were never married, and parents changing an existing Maine court order. Maine uses its own vocabulary. Maine does not use the word custody. Instead, a Maine court awards parental rights and responsibilities, and it uses the term parent-child contact for the schedule of time a child spends with each parent. Parental rights and responsibilities can be awarded as allocated, shared, or sole, according to the best interest of the child (Maine Revised Statutes Title 19-A Section 1653(2)(D)(1)), and the court applies the standard of the best interest of the child when making that award (Section 1653(3)). Under shared parental rights and responsibilities most or all aspects of a child's welfare remain the joint responsibility of both parents, who confer and make joint decisions; allocated parental rights and responsibilities divides responsibilities between the parents; and sole parental rights and responsibilities gives one parent exclusive authority (19-A M.R.S. Section 1501). Maine does not require a separate statutory parenting-plan form; parental rights and responsibilities and parent-child contact are set within the divorce or parental rights order. DocDraft builds your Maine parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
- 1
A parenting plan is a written document in which two parents set out parental rights and responsibilities and parent-child contact for their children, whether the parents are divorcing, were never married, or are changing an existing order.
- 2
Maine does not use the word custody; a Maine court awards parental rights and responsibilities and uses the term parent-child contact for the schedule (Maine Revised Statutes Title 19-A Section 1653).
- 3
In Maine, parental rights and responsibilities can be awarded as allocated, shared, or sole, according to the best interest of the child (19-A M.R.S. Section 1653(2)(D)(1)).
- 4
A Maine court applies the standard of the best interest of the child when making an award of parental rights and responsibilities (19-A M.R.S. Section 1653(3)).
- 5
Under shared parental rights and responsibilities in Maine, both parents retain equal rights and confer and make joint decisions about the child's welfare (19-A M.R.S. Section 1501).
- 6
Allocated parental rights and responsibilities divides responsibilities between the parents, while sole parental rights and responsibilities gives one parent exclusive authority (19-A M.R.S. Section 1501).
- 7
Maine does not require a separate statutory parenting-plan form; parental rights and responsibilities and parent-child contact are set within the divorce or parental rights order.
Key decisions before you file
Before you file a Parenting Plan in Maine, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
Open the Parenting Plan guideCustomize your Parenting Plan Template with DocDraft
Maine Requirements for Parenting Plan
Parental Rights and Responsibilities, Not Custody
Maine does not use the word custody. A Maine court awards parental rights and responsibilities and uses the term parent-child contact for the schedule of time with each parent. Parental rights and responsibilities can be awarded as allocated, shared, or sole, according to the best interest of the child (Maine Revised Statutes Title 19-A Section 1653(2)(D)(1)).
Best Interest of the Child Standard
A Maine court applies the standard of the best interest of the child when making an award of parental rights and responsibilities (19-A M.R.S. Section 1653(3)). Maine does not set a fixed split; the court decides whether the award should be shared, allocated, or sole based on what best serves the child.
Shared Parental Rights and Responsibilities
Under shared parental rights and responsibilities in Maine, most or all aspects of a child's welfare remain the joint responsibility and right of both parents, so both parents retain equal rights and confer and make joint decisions regarding the child's welfare (19-A M.R.S. Section 1501).
Allocated and Sole Parental Rights
Allocated parental rights and responsibilities means responsibilities are divided between the parents, with the parent allocated a responsibility controlling that aspect of the child's welfare; sole parental rights and responsibilities gives one parent exclusive authority over all aspects, with the possible exception of support (19-A M.R.S. Section 1501).
Set Within the Divorce or Parental Rights Order
Maine does not require a separate statutory parenting-plan form. Parental rights and responsibilities and parent-child contact are set within the divorce or parental rights order under the best interest standard (19-A M.R.S. Section 1653). A clear written plan shows the court the allocation and schedule the parents propose.
Decision-Making Detail
Your Maine plan should state whether parental rights and responsibilities are shared, allocated, or sole, and how the parents will make major decisions about the children's education, health care, and religious upbringing. Under shared rights both parents confer and make joint decisions (19-A M.R.S. Section 1501).
Parent-Child Contact Schedule
Your plan should describe parent-child contact, Maine's term for the schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Describing parent-child contact clearly lets the court review the schedule the parents propose in the best interest of the child (19-A M.R.S. Section 1653).
Court Approval and Parenting Class
A Maine parenting plan takes effect only when the court approves it under the best interest of the child standard (19-A M.R.S. Section 1653(3)). Any parenting-education class requirement comes from a court order or Family Division practice rather than a statewide statute, so check with the District Court's Family Division.