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Maine Child Custody Questions & Answers

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 Esq 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 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 in... Read more »

Robert Guillory Esq 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... Read 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 looking at... Read more »

Robert Guillory Esq 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 course if... Read more »

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... Read more »

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.

Just...
Read more »

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 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 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... Read more »

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 no...
Read more »

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 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... Read 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 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 order...
Read more »

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 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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