Joint Custody Tips for Divorced Parents in Maine

Shared parental rights and responsibilities, or “joint custody”, is the preferred and most common arrangement for Maine families after separation and divorce.

Co-parenting responsibilities can be challenging and complex. It can help to have a few joint custody tips and understand the legal guidelines when working on your parenting arrangement.

Both parents should have a clear understanding of their rights, responsibilities, and potential liabilities. The following should help you prepare for what’s expected.

When a couple separates and divorces in Maine, the parents’ major responsibilities remain the same, but they need to prepare for a few adjustments in how these responsibilities are divided.

The basic requirements for parents to raise their children remain, such as providing for their physical, mental, and emotional needs, and spending adequate time with the child.

However, in reality, this can be challenging when the child lives and sleeps at the primary residence with one parent, as is often the case even when custody is shared between parents.

It is challenging for both parents to spend equal time with the child in such situations, though they have the right to do so. Parents must work on a parenting plan that ensures the child’s needs and rights are cared for as well as their own.

Child support arrangements need to be made, and visitation schedules prepared, indicating how the parents meet their responsibilities and support their rights. If no parenting plan is agreed upon and formalized, a Maine family court judge will need to ensure the child’s best interests are protected through a court order.

When we talk about “custody” in Maine, we may refer to two different meanings:

Legal custody

The right to make decisions about the child’s health, education, and welfare. Joint legal custody is the preferred option in Maine, granting both parents equal decision-making rights. However, sole custody to either parent can be awarded if it is in the child’s best interests.

Physical custody

The day-to-day care and supervision of the child. Again, joint physical custody is the preferred option in Maine, granting both parents equal rights to spend time with the child. However, sole custody to either parent can still be awarded if it is in the child’s best interests.

If custody is decided by the court rather than a mutually acceptable parenting plan approved by the court, a judge will consider various factors when determining the child’s best interests. The judge’s decision will factor in the existing family relationships, any history of neglect, abuse or violence, and the parents’ respective abilities to provide a safe and nurturing environment for the child.

Most parents want to avoid a court decision on the future upbringing of their children and will work out a parenting plan during discussions together. This may also be achieved through negotiation, collaboration, or mediation involving their divorce lawyers.

The responsibility to finance the upbringing of a child after separation and divorce rests with both parents. The basic requirements for essential care, such as food, clothing, shelter, medical attention, and education usually lasts until the age of majority (18) in Maine. However, this may be extended if the child enters higher education.

The “non-custodial” parent must usually make a monthly payment to the parent with whom the child primarily resides. You can work child support out together with the relevant calculators or a court can decide.

It should be noted that child support is the right of the child, so parents cannot “bargain away” this type of support during divorce negotiations.

Co-parenting expenses refer to two main types of costs:

• Government expenses, including court costs, attorney’s fees, etc.
• Private expenses: including travel expenses for parental visits, household expenses, daycare costs, medical and insurance expenses for the child, educational expenses, and other related costs.

In joint custody arrangements, the parent with whom the child primarily resides naturally pays a share of these expenses. The other parent must also pay a fair share that must be reflected in the child support amount or, if extraordinary expenses are incurred, the court can order him/her to contribute.

Under Maine family law, both parents are equally entitled to rights and responsibilities concerning the physical and legal custody of their children, unless these rights and responsibilities are removed by a court order.

Parents with joint custody have an equal say in decisions about the child’s upbringing and in providing for the day-to-day needs, care, and well-being of their child. In exchange for these rights, parents are expected to play an active role in their children’s lives and their upbringing.

Understand visitation rights in Maine

Visitation rights are usually granted by courts in Maine because regular contact with both parents is generally considered in the best interests of the child.

If these visitation rights are not fairly addressed in a parenting plan agreed upon by both parents, the court will need to decide visitation rights based on the child’s relationship with each parent.

Even if a parent is deemed to be unsuitable to spend time alone with the child, supervised visits may be ordered by the court. During such visits, a family member or state worker may accompany the visiting parent.

The court also has the power to “temporarily suspend” visitation rights if it is in the best interests of the child to do so. If a parent is struggling to meet his/her parental responsibilities, the court can order attendance at counseling or parenting classes to assist.

Co-parenting after a separation or divorce becomes easier with a well-thought-out parenting plan. Working on this together can result in a document that guides how parents fulfill their responsibilities.

Parents with equal rights and responsibilities must make decisions concerning the day-to-day care and wider aspects of their child’s upbringing together, including working out a visitation schedule that provides both parents with adequate time with the child.

To be approved by the court, the parenting plan should demonstrate how parents will meet the best interests of the child.

If no parenting plan can be agreed by parents, the court may order mediation to resolve outstanding issues. Mediation, which is regarded as an alternative dispute resolution process, may also be voluntary if both parents agree to attend sessions.

During mediation, a trained, third-party mediator attempts to facilitate an agreement between disputing parties. The final decisions remain with the disputing couple.

At the end of the mediation process, if no agreement is found, the court may need to decide on the matter(s) and issue orders according to the best interest of the child.

If you need legal assistance with child custody during a divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation. Contact us directly online or call us at (207) 230-6884.