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Maine Family Law Questions & Answers
1 Answer | Asked in Family Law for Maine on
Q: Can children testify in a custody hearing in state of Maine?
Robert Guillory Esq
Robert Guillory Esq 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... Read 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 Esq
Robert Guillory Esq 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... Read 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...
Read more »

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 Esq
Robert Guillory Esq 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... Read 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... Read 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... Read more »

Robert Guillory Esq
Robert Guillory Esq 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.... Read more »

1 Answer | Asked in Family Law for Maine on
Q: My ex husband was fired from his job and has not paid alimony. We have 2 kids that live with me now and there is no

Court order for child support bc at the time of divorce they lived with him. Motion to modify?? Where should I start

Robert Guillory Esq
Robert Guillory Esq answered on Jan 28, 2020

You should file a motion to modify and a motion to enforce. Both forms are available online at the maine judicial website under court forms or you can pick up the paper forms at any courthouse. You should do this immediately as the child support will only go as far back as when you serve your ex... Read 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 Esq
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
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... Read more »

Robert Guillory Esq
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... Read more »

Joe Lewis
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... Read more »

Robert Guillory Esq
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... 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
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...
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... Read more »

Joe Lewis
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
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...
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
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
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
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...
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,... Read more »

Joe Lewis
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.

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