New York, NY asked in Child Custody and Family Law for Maine

Q: what do I need to do to change custody from shared to sole when the other parent has agreed to sign off in Maine?

My son's biological father hasn't see him in 5 years and I am now married with another child. My husband is enlisted and we are being stationed in Washington state. My son's father is willing to sign the paperwork.

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1 Lawyer Answer
Joe Lewis
Joe Lewis
  • Divorce Lawyer
  • Portland, ME
  • Licensed in Maine

A: Hello.

Assuming that the shared custody order was a Maine order, you and your child's father should be able to file a stipulated motion to modify that order to reflect your desired change to sole parental rights and responsibilities. It is important to provide the court with a draft order for signature that indicates that no hearing is necessary because the two of you agree.

The issue of what to do about child support will need to be addressed as well. If asked, the court will almost certainly accept a downward deviation from the child support guidelines, but you need to offer a good legal explanation for the deviation that finds root in the statutes.

Getting all this done from out of state is certainly possible, but you would also be well-served to contact a lawyer local to Maine for assistance in getting it done right.

Best of luck to you!

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