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Maine Family Law 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 Support and Family Law for Maine on

Q: I am currently going through court for child support. Just looking for advice about parental rights.

Currently going to court for child support. Biological father did not show to first court date. Next court date in December. Just looking for advice to possibly persue parental rights

Robert Guillory Esq answered on Nov 29, 2018

If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for... Read more »

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 »

2 Answers | Asked in Family Law and Child Support for Maine on

Q: What are my options if I'm taken to court for back child support after 11 years

My ex wife is taking me to court. My second child was born after our divorce , we never had agreement signed for child support. I've been paying for my first child all this time through the court order and gave money towards my second child's needs, but now after 11 years she wants back child... Read more »

Joe Lewis answered on Jul 31, 2018

Hi there.

Tough situation, of course, but there is good news and bad news for you.

The good news is that the courts will only look back over the past six years, not the full 11. The other good news is that many payments you made to her toward support of your second child (clothing,...
Read more »

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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 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 Divorce and Family Law for Maine on

Q: My husband and I just moved from NC to Maine. We have lived in Maine two weeks. Where do I file for legal separation?

We lived in NC for 4.5 years. We just moved to Maine (and have been here only a couple of weeks). However, it looks like we can't file for separation or divorce in Maine until we've lived in Maine for 6 months. Do we have to file in NC? I don't want to stay with him for the next 6 months, until we... Read more »

Joe Lewis answered on Mar 5, 2018

Actually, there is no 6-month minimum for a judicial separation as there is with divorce. The only requirement other than being married is that you plan on living apart or have already lived apart for 60 consecutive days. The other differences between divorce and legal separation are pretty... Read more »

1 Answer | Asked in Family Law and Divorce for Maine on

Q: My wife and I have an amicable agreement regarding marital property and money. Do we still have to fill out form 43?

Joe Lewis answered on Jan 22, 2018

Not necessarily. There is a form on the court's website called "Certificate in Lieu of Financial Statement" that enables you both to tell the court that there is no need to fill out the FM-043 form because you agree on all the financial issues.

Congratulations on getting this done...
Read more »

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

Q: What should you do when you know that your ex has lied/omitted financial information on a child support affidavit ?

listing base salary only,saying TBD on retirement,not listing court ordered life insurance,not listing stocks and invested interest in business,not listing bonuses,minimizing amount in savings/checking-he owes me 91% of uninsured medical for our oldest son and we are reviewing original amount on... Read more »

Joe Lewis answered on Dec 26, 2017

Hi there.

The only financial information on the child support affidavit that always matters is gross income. The definition of gross income is a hotly litigated issue in a lot of child support cases. The relevant statute can be found here:...
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


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 Family Law for Maine on

Q: My 16 year old daughter hates my rules and wants to live with her dad. Will I have to pay him child support now

My daughter is out of control. It's very hurtful. She thinks she's an adult at 16 and hates that I have rules. She said she's moving in with her dad even if I say no. Her dad was court ordered to pay me weekly child support. I've done everything for her. School, rides, doctors, you name It. All... Read more »

Joe Lewis answered on Aug 17, 2017

The only way to modify a child support obligation is via a motion to modify child support. Even if your daughter is living with her father, his court order remains in place, and the obligation will be enforceable.

1 Answer | Asked in Family Law for Maine on

Q: I need to file a Motion to Enforce and Motion to Modify. Can I do this at the same time in Maine?

Joe Lewis answered on Aug 17, 2017

Yes, you can!

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

1 Answer | Asked in Family Law and Probate for Maine on

Q: My mother died and I am her only son. She lived with her boyfriend who was her p.o.a due to her illness. Do i get inheri

Am I inherited any of her life insurance money or does her power of attorney get all control of it

Joe Lewis answered on Jun 12, 2017

I'm very sorry for your loss.

Now that your mother is dead, the power of attorney that her boyfriend had is no longer in effect.

There are a lot of variables to consider when trying to figure out what happens to her estate generally, and you should definitely contact a probate...
Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Maine on

Q: Demanding money to sign quit claim deed extortion?

Had 90 days to refinance, paid loan off 5 years in because bank wouldn't refinance. maliciously, She threatened contempt because loan wasn't paid in time 16 years after the fact unless we give her money to sign quit claim deed. Which is court ordered for her to do. I feel like that's extortion.

Joe Lewis answered on Jun 12, 2017

Well, it probably isn't extortion, a word that has a precise legal meaning, but it does sound kind of rude.

Contempt won't work against you if you've already paid off the loan. In other words, you've done what you were told to do, albeit too slowly. On the other hand, if she has been...
Read more »

1 Answer | Asked in Family Law and Criminal Law for Maine on

Q: Can criminal charges of perjury be sought against a spouse when they have filed a PFA with verifiable lies?

Specifically in relation to finances where one spouse has drained all the savings and then falsely accused the other of the actions.

Christian Foster Esq answered on Apr 28, 2016

You have not given me enough information to say for sure. If the spouse has made a statement under oath which he/she knew was not true there is a case for perjury or false swearing. There may also be a civil case for abuse of process if you can prove the spouse deliberately misused the judicial... Read more »

1 Answer | Asked in Family Law for Maine on

Q: Can my husband withhold money from the children and I while we are living in different states? He is in the Army.

We live in Maine while he is posted in Hunter Army Air Field, Savanna Georgia. He has been sending us two allotments, one on the 1st and one on the 15th, for the past 2.5 years. Now he has taken out the second allotment, saying that his commanding officers told him he is only required to send us... Read more »

Terrence H Thorgaard answered on Sep 13, 2015

Talk to the commanding officer to verify that your husband was accurate when he related what the C.O. said. Assuming this is true, you don't appear to have much choice but to sue your husband for separation or divorce, including child support and perhaps alimony.

1 Answer | Asked in Family Law for Maine on

Q: If neither parent has gone to court for legal custody they was never married split up they have a savings account togeth

ER he took money out she's now holding baby from him can she do that

Robert Jason De Groot answered on Aug 28, 2015

Like I said in an earlier post, you need to go see a local attorney.

1 Answer | Asked in Family Law for Maine on


Robert Guillory Esq answered on May 9, 2013

To get these rights in Maine is almost impossible. You would have to show the Court that at some point in the child's life you were essentially acting as the child's parent with the consent of the biological parents. You have to prove you were in the position of being a "de facto" parent and that... Read more »

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