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Maine Child Custody Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Child Support for Maine on
Q: My 12 year old son is staying he wants to live with his adopted father. His father is unemployed, lives currently with

His mother and is going thru a divorce. He also is so far back on child support that there is an intent to revoke his license. My son wants to live with him because we enforce rules and consequences that he doesn’t like. I have shared parental rights and responsibilities and primary residence.... View More

T. Augustus Claus
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answered on Dec 19, 2023

In Maine, child custody and support matters are typically determined based on the best interests of the child. If your 12-year-old son expresses a desire to live with his adopted father, it may influence custody arrangements, but other factors will also be considered. Your ex's current... View More

1 Answer | Asked in Family Law and Child Custody for Maine on
Q: Can two parents be together even tho their baby was removed by dhhs?
T. Augustus Claus
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answered on Jul 11, 2023

Yes, two parents can still be together even if their baby has been removed by the Department of Health and Human Services (DHHS). The removal of a child by DHHS does not necessarily dictate the relationship status of the parents. However, it's important to address the reasons for the... View More

1 Answer | Asked in Probate and Child Custody for Maine on
Q: Can my 16 year old go to probate and say she wants to live with me rather than her mother?

She been living primarily with her mother and her husband. The mother and husband have threatened her physically repeatedly. She does not feel safe and does not want to return there

Daniel J. Eccher
Daniel J. Eccher
answered on Jul 20, 2022

Without delay, you should call Child Protective Services at 1-800-452-1999.

Then, you should go to your local District Court and file for a Protection from Abuse Order on the teen's behalf. The filing fee is free; you can file it for free on the child's behalf. For more...
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1 Answer | Asked in Child Custody and Family Law for Maine on
Q: What is the likelihood that I will be granted custody of elementary school-aged children due to truancy

I want to ask for weekdays during school w/ dad having weekends, all minor holidays and school breaks with odd/even year split major holidays. Dad having them during the week during summer.

I am trying to keep it so the dad still has as close to 50/50 as possible but I have them during... View More

Robert Guillory
Robert Guillory
answered on Jul 4, 2022

if things are as you say i would think your chances would be very good. i would consider contacting child protective at dhhs if the kids are not going to school.

1 Answer | Asked in Family Law and Child Custody for Maine on
Q: Will a judge change a custody agreement if it means the other parent will lose his job?

I have my child every weekend and 1 week a month, my ex wife decided out of the blue that she now wants it one week on one week off so she gets weekends too. I work out of state during the week and take one week off every month. If this change goes through I will have to leave my job of 15 years.... View More

Robert Guillory
Robert Guillory
answered on Sep 2, 2021

in my experience a judge would be unlikely to do this. if you say that you cannot take the child during the week the judge will not order you to lose your job. However the judge might very well order that mom gets some weekend time so you would have to decide if you want to ask for time during the... View More

1 Answer | Asked in Child Custody for Maine on
Q: How do I prove the other parent's home is unfit for our children? The judge is taking his word about problems being fixe

We have been trying to co-parent for three years and in that time the condition of his home has been unfit for the children. I have informed him several times to fix issues for the children and he tells me they are but they are not fixed. Told him if not fixed we would go to court. Here we are and... View More

Robert Guillory
Robert Guillory
answered on Feb 8, 2021

What you really need here is for the court to appoint a guardian ad litem who can go visit both homes and speak with the kids and report back to the court. These usually cost money but sometimes the court can find someone to do it for nothing if you both cannot afford one. it is pretty impossible... View More

1 Answer | Asked in Child Custody for Maine on
Q: During covid times, going through a custody hearing, how do I speak for myself, bring a witness or present documents?

Other parent has been around there whole life but his living conditions are why we are in court after warning him several times to improve them or we're going to court. But I am the bad parent for keeping them from him for 3 months until we went to court? Their 8 and 9.

Robert Guillory
Robert Guillory
answered on Feb 6, 2021

in most Maine courts during covid hearings are conducted via the zoom video conferencing platform. Preliminary motions and conferences are being done by telephone conferences. At some point your case will have a pretrial conference and you will tell the judge or magistrate how many witnesses you... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: My daughter is 16 and has a guardian, but she wants to move back to illinois with her bio family. Does she need consent?

She lives in Maine with my ex mother in law. Shes lived with her for 11 years, but has no biological relation. All of my daughters family is in Illinois and she wants to be with them. Her guardian will not let her move back or even visit. What can she do? Does she have any rights or say in where... View More

Robert Guillory
Robert Guillory
answered on Apr 16, 2020

your question raises several questions. When you say move back with bio family what does that mean? Her parents or a parent? When you say she has a guardian was this done in probate court in Maine? if so then a parent or some other family member could file a petition to terminate the guardianship.... View More

1 Answer | Asked in Family Law and Child Custody for Maine on
Q: I gave someone guardianship of my daughter about 3yrs ago or so how would I get my daughter back?
Denise Rini
Denise Rini
answered on Jul 18, 2019

Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Maine on
Q: real estate q. / 2011 divorce & family land?

in 2011 i signed our family home to my now ex husband in divorce court. i have done no other paperwork. the house is on my family land. what are my legal rights to the land at this time.? who can i talk with and how do i move forward?

Fred Bopp III
Fred Bopp III
answered on Apr 24, 2019

My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.

Thank you and best,

Fred

1 Answer | Asked in Family Law, Child Custody and Child Support for Maine on
Q: I have a custody and child support agreement made 3 years ago in Massachusetts. Can I file for a child support increase?

We made an agreement 3 years ago that if I moved to Maine my son's father only had to pay me $20 a week in child support. We have lived in Maine now for 3 years and $20 a week is nothing and I pay for everything. Can I bring him to court for a child support increase in Maine now, or am I stuck... View More

Robert Guillory
Robert Guillory
answered on Nov 26, 2018

The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maine on
Q: DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all

DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all his life. I gave his dad sole R&R so DHHS would leave. My son refuses to live with his dad. He wants to runaway and has become really depressed. What repracations am I... View More

Robert Guillory
Robert Guillory
answered on Apr 9, 2018

you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Maine on
Q: if I go with somebody and else and my parents call the police on me do they have to take me back home to my parents?

I am almost 16 and possibly pregnant. I know emancipation is an option but I want the process to be as fast as possible my parents will do everything in their power to keep me away from the father of my child which is not what I want. So I would like to move out when I turn 16 can I just leave and... View More

Edward Chris L'Hommedieu
Edward Chris L'Hommedieu
answered on Apr 3, 2018

That depends on your age and maturity.

If you are 10, then yes, police will apply pressure for you to go home. And they'll call DHHS.

If you are 17, different story.

You can apply for emancipation and the court will give you a court-appointed lawyer assuming you have...
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1 Answer | Asked in Child Custody and Child Support for Maine on
Q: When filing for child support in the state of Maine does the court count the income of the spouse who is not the parent?
Edward Chris L'Hommedieu
Edward Chris L'Hommedieu
answered on Apr 3, 2018

Very very very rarely. In 20 years, I've never seen it apply. They would literally have to be wildly rich.

1 Answer | Asked in Child Custody for Maine on
Q: Ex can no longer pick up our child during one of the court appointed visits. Do I have to give him a new day and time?

Current schedule

Every other weekend and every other Tuesday night.

He can no longer pick up our child on the Tuesdays and wants to now have her.

Every other weekend and every other Friday night. He would have her every weekend at this point and not allow for me to have her... View More

Edward Chris L'Hommedieu
Edward Chris L'Hommedieu
answered on Apr 3, 2018

Simple answer - the Court Order controls.

That said, my #1 rule in family cases is "be nice". If you can accommodate a different schedule it is the moral thing to do. If the other party is being entirely unreasonable, then you don't have any obligation to accommodate them....
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1 Answer | Asked in Family Law and Child Custody for Maine on
Q: My dog bit my wife when I had my children and the Mom is refusing my visitation because of it. What can I do?

The dog is a puppy and my wife provoked the dog trying to take away something he shouldn't have had and that is the only time the dog bites if we yell at him and try to take away the object he's not allowed to have

Joe Lewis
Joe Lewis
answered on Dec 18, 2017

As always, if you have court-ordered rights to visitation and your co-parent is getting in the way of that happening, you can simply take her back to court on a motion to enforce or a motion for contempt. If this is a persistent thing, or part of a larger co-parenting problem, you may wish to... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
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.

Joe Lewis
Joe Lewis
answered on Nov 2, 2017

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...
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1 Answer | Asked in Child Custody and Family Law for Maine on
Q: I am 17 and pregnant and I live with my parents. Who is the legal guardian of my baby once they are born?
Joe Lewis
Joe Lewis
answered on Jun 28, 2017

Congratulations to you!

When your baby is born, you will be the legal guardian of your baby.

Do your best and have fun!

- Joe

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