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Maine Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Maine on
Q: My son who is 14 went to visit his dad in Tennessee for a week, now his dad is refusing to send me back to me in Maine.

I have residential custody of him. Can I get his father for parental kidnapping

1 Answer | Asked in Family Law, Real Estate Law and Probate for Maine on
Q: My mom passed away with no will. My brother was living with her at the time of her death. I asked him if I could move in

Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?

Nina Whitehurst
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answered on Nov 17, 2024

If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have...
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0 Answers | Asked in Family Law, Child Custody and Child Support for Maine on
Q: What does it cost for a child custody case?

Both parents are single and are now separated and are having child visitation issues

1 Answer | Asked in Family Law and Child Support for Maine on
Q: If my daughter's father is ordered to pay weekly and doesn't, do I have to send her on visits? What are my rights?

I have a text from him saying he doesn't care about my support.

Joe Lewis
Joe Lewis
answered on Apr 17, 2024

Hi there.

Individual provisions of a court order stand alone. Just because he is not paying child support does not mean that you are somehow released from following another part of the court order. The more appropriate response to him not paying child support is to take him back to court...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine on
Q: If a Parent dies after remarrying and then dies with no will before the stepparent does, do the children get any inherit

State Maine. Dad remarried. If he dies with no will before her will my siblings and I still be entitled to an inheritance or will she get everything and be able to pass it all on to her children instead since she lived longer?

This also is the situation that my mother was in when her... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Sep 29, 2023

The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would... View More

1 Answer | Asked in Family Law, Domestic Violence and Divorce for Maine on
Q: How do I proceed with a divorce if my spouse will not sign paperwork?

My spouse is avoiding service and is refusing to sign anything. He is also been charged with three counts of domestic violence against me and is avoiding arrest and court on these issues also and now has felony warrants. There is bail conditions set that he cannot see or speak to me and one of our... View More

Robert Guillory
Robert Guillory
answered on Jul 29, 2023

You can file the divorce along with a motion for alternate service. You will need to submit with the motion an affidavit showing what efforts you have made to serve him as well as something from the sheriffs dep as to their efforts. You can ask that he be served by publication or any other means... 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 Divorce and Family Law for Maine on
Q: I have tried to serve my husband the divorce paperwork but he refuses to even look at the paperwork. How can I proceed?

It has now been 60 days since I tried serving the paperwork. We currently are living in the same household that is why I chose to serve the papers myself.

Robert Guillory
Robert Guillory
answered on Jun 4, 2023

you need to go to the sheriff's department in the county in which he lives. if he is out of state or far away call the sheriff's department in that county. you need to get the paperwork to them and they will serve him, he cannot refuse. they will mail back to you a return of service. you... View More

2 Answers | Asked in Family Law and Criminal Law for Maine on
Q: In ME, 1987-1988. Was it legal for a 14yo girl to be impregnated by a 17yo male? Does offspring have any civil option?

I am an adoptee seeking this info to find out if it's possible that my bio father isn't listed on my birth certificate to avoid sex offender registry in 1988 before romeo and Juliet laws.

Robert Kane
Robert Kane
answered on Jun 3, 2023

This would be better addressed by an attorney licensed in Maine. Orange County Unbundled Legal Services.

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1 Answer | Asked in Contracts, Family Law, Civil Rights and Identity Theft for Maine on
Q: How do I find out if my family forged my signature on a power of attorney? How do I find out if I have 1?

I'm pretty sure my grandparents Forged my signature on a power of attorney and are also illegally video&audio monitoring me amongst other tracking ect... I'm 29.

I would never sign one and I have knowledge of past signature forgeries.

How do I find out if I have one... View More

John Michael Frick
John Michael Frick
answered on Feb 20, 2023

A power of attorney authorized another person to take action on your behalf. The person named in the POA is usually the holder and custodian of the physical instrument itself.

When third parties like banks, hospitals, etc have dealings with the person named in the POA when they are acting...
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2 Answers | Asked in Family Law and Immigration Law for Maine on
Q: IS the lawyer thought's right? Why the immigration will ask us for other docs if they're gonna deny it?

Our mom was approved for a green card at 2016. At the same time we(her children) were approved too even if we were in Africa at 2016. We started the process to move from Africa to Usa. And finally at 2018, we got a visa type YY to travel to USA. In 2020, We started the process to get our green... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Aug 2, 2022

I am not sure why your lawyer gives that advise! Nevertheless, I would say that since your mother's status has now changed to that of a US citizen, your status changed to a potential derivative citizen, an immediate relative; a preference one category; or a preference three category. The... View 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 Family Law for Maine on
Q: Can children testify in a custody hearing in state of Maine?
Robert Guillory
Robert Guillory
answered on Feb 8, 2021

yes they can but judges dont like to have them testify, if they will testify often the judge will ask the parents if the kids can talk to the judge without the parents present, it takes both parties to agree to that otherwise the kids get on the witness stand and both parties hear what they have to... View More

1 Answer | Asked in Family Law for Maine on
Q: Can my ex husband stop me from having our kids around my boyfriend?

My boyfriend lives with me and my ex is demanding he leave while I have the kids, or else he won’t give them to me. Can he do this? The kids love my boyfriend and he is so amazing to them.

Robert Guillory
Robert Guillory
answered on Jan 19, 2021

Your ex cannot do this unless the court order you have (if you have one) says he can. You should keep seeing your children and if your ex chooses to deny your visitation you need to file a motion with the court for contempt or to enforce. ultimately it is up to a judge to decide whether or not your... View More

1 Answer | Asked in Family Law and Civil Rights for Maine on
Q: If I request for a lawyer in family court in Maine, can a judge tell me " You're not getting one"?
Joe Lewis
Joe Lewis
answered on Nov 5, 2020

Hi there.

If it is truly a family court case (district court, FM docket number, title 19-A) then the judge is telling you a truth, however rudely he or she said it. There is no provision under Maine law for a party to get a free or court-appointed lawyer.

If you are needing help...
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2 Answers | Asked in Family Law and Adoption for Maine on
Q: I am located in Maine my ex is willing to sign rights over to my son to my fiancé Do we have to be married first?

I know some states require a set amount of time the couple has to be married before allowing the adoption but we want our family adopted and whole before we do a wedding

Joe Lewis
Joe Lewis
answered on Aug 12, 2020

Congratulations on your impending life events!

Maine has no requirement for adoptive parents to be married.

The situation you describe is a classic set-up for what we call a "consented-to adoption." Your fiance will need to file an adoption petition at the county probate...
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1 Answer | Asked in Family Law for Maine on
Q: So my ex cheated on me and I didn't know until she had a baby, I thought I was the father so I signed the childsupport

Papers, and recently I've been thinking and theres no way the child could be mine. If I get a paternity test and I am not the father will I be able to stop paying childsupport?

Robert Guillory
Robert Guillory
answered on Jun 29, 2020

i cannot answer your question accurately with the information you have provided me. First and foremost how old is the child? if the child is less than 2 things will be much easier for you. You said you signed the child support. i dont know what that means. Did you sign the birth certificate or is... View More

1 Answer | Asked in Adoption and Family Law for Maine on
Q: I have a question about adoption, specifically about how it is portrayed in TV shows.

I was researching a few characters in tv shows I watched and their relationships with other characters, and it described as their "adopted niece". Another character from another show was described as someones "adopted granddaughter" and I was confused. Is that something that... View More

Joe Lewis
Joe Lewis
answered on Jun 9, 2020

Hi there.

Maine law only makes provisions for adopting a son or a daughter. So those other terms, while lovely and embracing, have no legal meaning.

Cheers!

- Joe

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

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