What are the best interest factors in Maine custody cases?

Under 19-A M.R.S. §1653(3), Maine courts consider these factors: The age of the child (19-A M.R.S. §1653(3)(A)); The relationship of the child with each parent, siblings, and other significant persons (19-A M.R.S. §1653(3)(B)); The preference of the child, if old enough to express a meaningful preference (19-A M.R.S. §1653(3)(C)); The duration and adequacy of the child's current living arrangement and the desirability of maintaining continuity (19-A M.R.S. §1653(3)(D)); The stability of any proposed living arrangement (19-A M.R.S. §1653(3)(E)); The motivation of the parties and their capacity to give the child love, affection, and guidance (19-A M.R.S. §1653(3)(F)); The child's adjustment to the child's present home, school, and community (19-A M.R.S. §1653(3)(G)); The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access (19-A M.R.S. §1653(3)(H)); The capacity of each parent to cooperate or to learn to cooperate in child care (19-A M.R.S. §1653(3)(I)); The methods for assisting parental cooperation and resolving disputes and each parent's willingness to use those methods (19-A M.R.S. §1653(3)(J)). Note: Maine's best interest factors in 19-A M.R.S. §1653(3) include additional considerations beyond those listed above: the effect on the child if one parent has sole authority over the child's upbringing (subsection K); the existence of domestic abuse between the parents, including the history of abuse and the potential for future abuse (subsection L); the existence of a history of child abuse by a parent (subsection M); and all other factors having a reasonable bearing on the physical and psychological well-being of the child (subsection N). The court may not apply a preference for one parent over the other based on the sex of the parent (19-A M.R.S. §1653(3)). Under 19-A M.R.S. §1653(6), evidence of domestic abuse creates a rebuttable presumption that it is not in the best interest of the child to be placed in sole or shared parental rights and responsibilities with the abusive parent.

How do I file for custody in Maine?

Step 1: Confirm residency and jurisdictional requirements. Under 19-A M.R.S. §901, at least one party must have been a resident of Maine for at least six months before filing for divorce. For parental rights and responsibilities actions by unmarried parents, the child must have been a resident of Maine for at least six months under the UCCJEA. Step 2: Complete and file the appropriate petition. For married parents, file a Complaint for Divorce (Family Matter form). For unmarried parents, file a Petition for Parental Rights and Responsibilities (Form FM-020). Paternity must be established before an unmarried father can seek parental rights. Step 3: Pay the filing fee (approximately $120 for divorce or parental rights cases in Maine). If you cannot afford the fee, file an Application to Proceed Without Payment of Fees (Form CV-067) under Maine Rule of Civil Procedure 91. Step 4: Serve the other party with the filed complaint or petition and summons. Service must be completed by personal delivery through a sheriff or other authorized person, or through acceptance of service (19-A M.R.S. §903). Maine also permits service by certified mail, return receipt requested, in certain family law actions. Step 5: The respondent has 21 days from service to file a response. If the respondent fails to respond, the filing party may seek a default judgment. Step 6: Both parties must file and exchange Financial Statements (Form FM-050) and Child Support Affidavits, along with supporting income documentation. Step 7: Attend the court-ordered mediation session. Under 19-A M.R.S. §251, mediation is mandatory in all contested parental rights and responsibilities cases in Maine. Each party must attend at least one mediation session before the case can proceed to trial. Exceptions exist for cases involving domestic abuse. Step 8: If the case remains unresolved after mediation, attend the contested hearing or trial. Each party presents evidence and witnesses. The court evaluates all evidence under the 19-A M.R.S. §1653(3) best interest factors and issues an order allocating parental rights and responsibilities, establishing the child's residence, and setting the parent-child contact schedule. Typical timeline: Maine does not have a mandatory waiting period for divorce, but the practical timeline depends on whether the case is contested. Uncontested cases with full agreement may be resolved within 2 to 4 months. Contested parental rights and responsibilities cases typically take 6 to 18 months depending on the county, the complexity of the issues, and whether a guardian ad litem investigation is ordered. Mandatory mediation typically adds 1 to 3 months. Interim orders for parental rights and responsibilities, child support, and protection from abuse can be entered relatively quickly while the case is pending..

Maine Family Court:
What You Need to Know

Last reviewed: 2026-02

Just got served? Here's your priority list.

1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
3. Read the best interest factors below to understand what your judge will evaluate.

This information is for educational purposes only and does not constitute legal advice. Maine family law varies by county and is subject to change. Always verify current statutes at legislature.maine.gov and consult a licensed Maine attorney for your specific situation.

Court System Overview

District Court / Superior Court

Maine handles family law matters, including parental rights and responsibilities, through both the District Court and the Superior Court. Most family law cases, including divorce, parental rights and responsibilities, child support, and protection from abuse, are filed in the District Court. The Superior Court also has jurisdiction over divorce and family matters and may hear cases transferred from the District Court. Cases are governed primarily by Title 19-A of the Maine Revised Statutes (Domestic Relations). Maine is distinctive in using the term "parental rights and responsibilities" rather than "custody," reflecting the state's emphasis on parental roles rather than possessory rights. Maine adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) under 19-A M.R.S. Chapter 57.

Legal Custody

Maine uses the term "parental rights and responsibilities" rather than "custody." Under 19-A M.R.S. §1653, parental rights and responsibilities include the right to make major decisions regarding the child's welfare, including decisions about education, healthcare, religious training, and residence. The court may allocate parental rights and responsibilities as shared (both parents share decision-making) or as primary/allocated (one parent has the right to make some or all major decisions). When shared parental rights and responsibilities are awarded, both parents must consult and agree on major decisions.

Physical Custody

The "residence" component of parental rights and responsibilities determines where the child lives and the parent-child contact schedule. Under 19-A M.R.S. §1653(2)(D), the court establishes a schedule for the child's residence and contact with each parent. The court may order primary residence with one parent and a contact schedule for the other, or shared residence where the child spends substantial time in each parent's home. Maine courts create specific schedules covering weekdays, weekends, holidays, school vacations, and summer arrangements.

Presumption

Maine does not have a statutory presumption favoring shared or sole parental rights and responsibilities. Under 19-A M.R.S. §1653(3), the court determines the allocation of parental rights and responsibilities based on the best interest of the child. However, 19-A M.R.S. §1653(2)(A) provides that the court may award shared parental rights and responsibilities if the parents agree or if the court finds it is in the child's best interest. Maine law does not favor either parent based on gender (19-A M.R.S. §1653(3)). If a parent has been convicted of certain crimes, including domestic violence assault, the court must consider the safety and well-being of the child and the safety of the other parent in making its determination.

Best Interest Factors

19-A M.R.S. §1653(3)

The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.

1 The age of the child (19-A M.R.S. §1653(3)(A))
2 The relationship of the child with each parent, siblings, and other significant persons (19-A M.R.S. §1653(3)(B))
3 The preference of the child, if old enough to express a meaningful preference (19-A M.R.S. §1653(3)(C))
4 The duration and adequacy of the child's current living arrangement and the desirability of maintaining continuity (19-A M.R.S. §1653(3)(D))
5 The stability of any proposed living arrangement (19-A M.R.S. §1653(3)(E))
6 The motivation of the parties and their capacity to give the child love, affection, and guidance (19-A M.R.S. §1653(3)(F))
7 The child's adjustment to the child's present home, school, and community (19-A M.R.S. §1653(3)(G))
8 The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access (19-A M.R.S. §1653(3)(H))
9 The capacity of each parent to cooperate or to learn to cooperate in child care (19-A M.R.S. §1653(3)(I))
10 The methods for assisting parental cooperation and resolving disputes and each parent's willingness to use those methods (19-A M.R.S. §1653(3)(J))

Note: Maine's best interest factors in 19-A M.R.S. §1653(3) include additional considerations beyond those listed above: the effect on the child if one parent has sole authority over the child's upbringing (subsection K); the existence of domestic abuse between the parents, including the history of abuse and the potential for future abuse (subsection L); the existence of a history of child abuse by a parent (subsection M); and all other factors having a reasonable bearing on the physical and psychological well-being of the child (subsection N). The court may not apply a preference for one parent over the other based on the sex of the parent (19-A M.R.S. §1653(3)). Under 19-A M.R.S. §1653(6), evidence of domestic abuse creates a rebuttable presumption that it is not in the best interest of the child to be placed in sole or shared parental rights and responsibilities with the abusive parent.

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Documentation the Court Expects

Maine courts expect organized, factual documentation aligned with the 19-A M.R.S. §1653(3) best interest factors. The Maine Financial Statement (Form FM-050) is required from both parties in all cases involving financial issues such as child support, spousal support, and property division. Evidence should be specific, date-stamped, and focused on the child's welfare. Maine courts strongly value the capacity of parents to cooperate and to encourage the child's relationship with the other parent. Courts disfavor evidence that appears designed to alienate the child from either parent.

Financial Statement (Maine Family Law Form FM-050) required in all family law cases involving financial issues

Child Support Affidavit with income and expense documentation

Communication logs (texts, emails, co-parenting app messages) showing parenting cooperation or disputes

Parent-child contact compliance records, including schedule adherence and deviations

School records, report cards, attendance records, and documentation of each parent's involvement in education

Medical and dental records, counseling records, and healthcare decision documentation

Financial records including income verification, tax returns, and child-related expenses

Police reports, protection from abuse order records, or Department of Health and Human Services (DHHS) records if applicable

Photos or videos relevant to the child's living environment and daily life

Witness declarations or affidavits from teachers, counselors, family members, or other individuals with direct knowledge

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Filing Process

Step by Step

1 Confirm residency and jurisdictional requirements. Under 19-A M.R.S. §901, at least one party must have been a resident of Maine for at least six months before filing for divorce. For parental rights and responsibilities actions by unmarried parents, the child must have been a resident of Maine for at least six months under the UCCJEA.
2 Complete and file the appropriate petition. For married parents, file a Complaint for Divorce (Family Matter form). For unmarried parents, file a Petition for Parental Rights and Responsibilities (Form FM-020). Paternity must be established before an unmarried father can seek parental rights.
3 Pay the filing fee (approximately $120 for divorce or parental rights cases in Maine). If you cannot afford the fee, file an Application to Proceed Without Payment of Fees (Form CV-067) under Maine Rule of Civil Procedure 91.
4 Serve the other party with the filed complaint or petition and summons. Service must be completed by personal delivery through a sheriff or other authorized person, or through acceptance of service (19-A M.R.S. §903). Maine also permits service by certified mail, return receipt requested, in certain family law actions.
5 The respondent has 21 days from service to file a response. If the respondent fails to respond, the filing party may seek a default judgment.
6 Both parties must file and exchange Financial Statements (Form FM-050) and Child Support Affidavits, along with supporting income documentation.
7 Attend the court-ordered mediation session. Under 19-A M.R.S. §251, mediation is mandatory in all contested parental rights and responsibilities cases in Maine. Each party must attend at least one mediation session before the case can proceed to trial. Exceptions exist for cases involving domestic abuse.
8 If the case remains unresolved after mediation, attend the contested hearing or trial. Each party presents evidence and witnesses. The court evaluates all evidence under the 19-A M.R.S. §1653(3) best interest factors and issues an order allocating parental rights and responsibilities, establishing the child's residence, and setting the parent-child contact schedule.

Required Forms

Typical Timeline

Maine does not have a mandatory waiting period for divorce, but the practical timeline depends on whether the case is contested. Uncontested cases with full agreement may be resolved within 2 to 4 months. Contested parental rights and responsibilities cases typically take 6 to 18 months depending on the county, the complexity of the issues, and whether a guardian ad litem investigation is ordered. Mandatory mediation typically adds 1 to 3 months. Interim orders for parental rights and responsibilities, child support, and protection from abuse can be entered relatively quickly while the case is pending.

Self-Represented (Pro Se) Notes

Maine allows and supports self-representation in family law cases. The Maine Judicial Branch provides standardized Family Matter (FM) forms and instructions on its website (courts.maine.gov). Pine Tree Legal Assistance (ptla.org) provides free legal information and assistance to qualifying low-income individuals. The Maine State Bar Association offers a Lawyer Referral Service. Some Maine courthouses have self-help resources available. Pro se litigants are held to the same rules and deadlines as attorneys. Maine's mandatory mediation requirement applies to all parents, including those who are self-represented. Legal representation is strongly recommended for contested parental rights cases.

Read the full Pro Se Guide

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Modifying a Custody Order

What Counts as a Material Change

Under 19-A M.R.S. §1657, the court may modify an order for parental rights and responsibilities when there has been a substantial change in circumstances since the prior order and the modification is in the child's best interest. The parent requesting modification bears the burden of proving the substantial change. The court considers the same best interest factors listed in 19-A M.R.S. §1653(3). Maine courts require that the change be genuine, significant, and not merely a rehashing of issues previously litigated. Common qualifying changes include a parent's relocation, a parent's substance abuse, domestic abuse, significant changes in the child's needs or circumstances, a parent's persistent denial of parent-child contact, or a parent's incarceration.

How to File for Modification

File a Motion to Modify Parental Rights and Responsibilities in the court that issued the original order. The motion must describe the substantial change in circumstances since the last order. The other parent must be served. Under 19-A M.R.S. §1657, the court may require mediation before scheduling a hearing on the motion. If mediation does not resolve the dispute, the court holds a hearing where both parties present evidence. The court determines whether a substantial change has occurred and, if so, whether modification is in the child's best interest.

Building Your Case Over Time

Document the specific changes in circumstances with concrete, verifiable evidence. Relevant documentation includes school records, medical records, police reports, DHHS records, communication logs, evidence of relocation, substance abuse records, and witness declarations. Focus on demonstrating how the current arrangement no longer serves the child's best interest and how the proposed modification would better serve the child. Maine courts carefully scrutinize modification requests to prevent repeated relitigation of settled issues.

Modifications require a documented trail of change.

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Key Deadlines & Tips

Deadlines to Know

Residency: At least one party must have been a resident of Maine for at least six months before filing for divorce (19-A M.R.S. §901)
The respondent has 21 days from service to file a response to the complaint or petition
Mandatory mediation must be completed before a contested parental rights and responsibilities case can proceed to trial (19-A M.R.S. §251); exceptions exist for domestic abuse cases
Financial Statements (Form FM-050) must be filed and exchanged early in the case, typically within 30 to 45 days of filing
Relocation notice: A parent must provide reasonable advance notice to the other parent and may need to seek court permission before relocating the child; specific notice requirements may be set by court order
Appeals must be filed within 21 days of entry of the judgment (Maine Rules of Appellate Procedure 2(b)(1))

Practice Tips for Maine

Maine uses "parental rights and responsibilities" rather than "custody." Use this terminology in all court filings and communications with the court. Maine's framework emphasizes both parents' ongoing roles and responsibilities rather than one parent's "custody" of the child.

Mediation is mandatory in all contested parental rights cases in Maine (19-A M.R.S. §251). Approach mediation seriously and in good faith. Many cases are resolved during mediation, and judges view cooperative participation favorably. Exceptions exist for cases involving domestic abuse.

The "friendly parent" and cooperation factors (19-A M.R.S. §1653(3)(H), (I), and (J)) are significant in Maine. Courts closely evaluate each parent's willingness to encourage the child's relationship with the other parent and each parent's capacity to cooperate in child-rearing. Demonstrate consistent cooperation and a child-focused approach.

Keep detailed, date-stamped records of your parenting involvement, parent-child contact schedule compliance, and all communications with the other parent. Maine courts value specific, organized evidence over general assertions.

If domestic abuse is a factor, document all incidents thoroughly and obtain protection from abuse orders as needed. Under 19-A M.R.S. §1653(6), evidence of domestic abuse creates a rebuttable presumption against placing the child with the abusive parent.

Complete all required financial disclosures (Form FM-050) promptly and accurately. Maine courts take financial disclosure obligations seriously, and incomplete or dishonest disclosures can damage your credibility and delay your case.

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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.

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Maine Family Court: What You Need to Know