Maine Child Custody Questions & Answers

Q: I have a custody and child support agreement made 3 years ago in Massachusetts. Can I file for a child support increase?

1 Answer | Asked in Family Law, Child Custody and Child Support for Maine on
Answered on Nov 26, 2018
Robert Guillory Esq's answer
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 Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been...

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

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maine on
Answered on Apr 9, 2018
Robert Guillory Esq's answer
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 course if yoiu do this dhhs may become involved again.

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?

1 Answer | Asked in Child Custody for Maine on
Answered on Apr 3, 2018
Edward Chris L'Hommedieu's answer
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.

Just ask yourself this: "If I was in their shoes, what would I hope for, and is it reasonable?"... and think about the child. What do they want?

There's a lot at stake here - a child that needs...

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?

1 Answer | Asked in Child Custody and Child Support for Maine on
Answered on Apr 3, 2018
Edward Chris L'Hommedieu's answer
Very very very rarely. In 20 years, I've never seen it apply. They would literally have to be wildly rich.

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?

1 Answer | Asked in Divorce, Family Law and Child Custody for Maine on
Answered on Apr 3, 2018
Edward Chris L'Hommedieu's answer
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 no assets.

Sorry you're going through this...

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?

1 Answer | Asked in Family Law and Child Custody for Maine on
Answered on Dec 18, 2017
Joe Lewis' answer
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 consider getting a new order by way of a motion to modify.

That said, it sounds like your children's mom is pretty freaked out by an incident that directly involves your children's environment. I...

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?

1 Answer | Asked in Child Custody and Family Law for Maine on
Answered on Nov 2, 2017
Joe Lewis' answer
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...

Q: I am 17 and pregnant and I live with my parents. Who is the legal guardian of my baby once they are born?

1 Answer | Asked in Child Custody and Family Law for Maine on
Answered on Jun 28, 2017
Joe Lewis' answer
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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