How to Navigate Your Parental Rights Case in Maine

A separation or divorce in Maine where a couple has children together can lead to a parental rights case. During the separation or divorce process, parents have legal obligations to make adequate arrangements for the welfare of their children, including their physical, mental, and emotional needs.

Their main parental rights and responsibilities continue but both parents must adapt to changes in how the responsibilities are divided. They both have the right to spend equal time with the child but because of practicalities, the child will normally spend more time with one parent than the other and will sleep most of the time at one parent’s home (the “residence”).

Child support and child custody arrangements must formalize parental responsibilities for the child’s upbringing and the rights to visitation, etc. Often, a parenting plan is negotiated between the parents and, if applicable, their family lawyers. Otherwise, a parental rights case requires a judge to decide on these matters.

Here we guide you through the basics of a parental rights case so that you know what to expect from the family court system in Maine—and you are clear on your parental rights and responsibilities.

Whether you hire a family lawyer depends on many factors, including your relationship with the other parent, how complex the case is, your access to adequate finances, whether you have already retained the services of a lawyer for other aspects of your divorce, and more.

There is no legal requirement to have a lawyer represent you, and some families separate amicably by settling all matters through discussion and negotiation.

Generally speaking, however, it is best to work with a qualified divorce lawyer if parental rights and responsibilities are disputed, complex child support or spousal support calculations must be made, or property division issues arise involving pensions, real estate, etc.

In Maine, a divorce cannot be granted until at least 60 days have passed after the “Complaint” for divorce is served on the other spouse. Beyond that deadline, there are few time restrictions.

There is a lot that depends on the nature of your parental rights case, the level of dispute and complexity—as well as how busy the local courts are at the time.

For cases that involve considerable disagreement and require extensive mediation, much longer than 60 days may be required. If parents agree on most of the issues, the time it takes will be greatly reduced.

Most of the necessary forms for a parental rights case can be found and filled out online. However, you must collect a Summons form from the court clerk in your local District Court—and, if you prefer, you can collect a complete forms packet from the court instead of completing forms online.

The forms you will need depend on whether you are married, own property (a house or land) or have children together. If you hire legal assistance, your lawyer will look after the forms you need and fill them with you.

It should be noted that the term “child custody” is no longer used in Maine family law and has been replaced with “parental rights and responsibilities,” a term which you will see used in place of “child custody” on official forms in Maine.

For clarity, a spouse who serves papers concerning a divorce or parental rights case (“Complaint”) in Maine is known as the “Plaintiff” and the spouse who receives the papers is the “Defendant”.

If you are the Defendant, you should receive an “Acknowledgment of Receipt” form. By signing and returning the form, you confirm that you received the papers.

If you have retained the services of a Maine divorce lawyer, everything from here should be discussed with the attorney before acting. Your lawyer will walk you through the following steps:

• Completing and filing an Entry of Appearance form
• Completing and filing an Answer to the Complaint within 20 days of receipt
• Completing and filing a Counterclaim
• Completing and sending all necessary paperwork to the other parent (plaintiff)

At the request of the court, you will usually need to attend a Case Management Conference with your spouse or partner.

After a divorce or parental rights case is filed and pending in Maine, the court will order you to “preserve all marital property” in the papers that are issued and served. That means neither you nor your spouse can give away, sell, or destroy any property that the other party may have an interest in.

Selling the family home is, of course, prohibited but the order also covers cancellation of health insurance policies or selling a family car. If you need to sell any property to raise funds, discuss the issue with your lawyer as you would need special dispensation from the court to sell matrimonial property.

Your divorce lawyer will let you know when and where you need to be to meet your legal obligations as a parent.

Court meetings and hearings generally require the attendance of both parents as child matters are given priority in the family law courts in Maine. Your lawyer will prepare you for what lies ahead. Always try to be punctual as this will create a good impression of a responsible, caring parent.

Failure to attend a hearing can lead to extra charges and a “default” order, i.e., the court provides your spouse with the requested action because you failed to show up.

Parental rights and responsibilities are given great importance in Maine, and they are only removed reluctantly after considerable investigation—in exceptional circumstances and if the action is in the best interests of the child.

In rare cases, where there is clear and convincing evidence that the child would be better off without contact or decision-making by one of the parents, his or her parental rights can be terminated by the Maine courts.

Circumstances that may qualify as grounds for termination of parental rights include:

• The child is considered at risk because of the failure of the parent to protect the child—and these circumstances are unlikely to change within a reasonable timeframe.
• The parent is unwilling or unable to take responsibility for the child and meet their needs within a reasonable timeframe.
• The child has been neglected or abandoned.
• No efforts have been made to reunify with the child or rebuild the relationship in good faith.

Often, the reason for the court to conclude the above is seriously errant or abhorrent behavior by the parent, a serious criminal conviction for an offense against a child, chronic substance abuse by the parent, and/or the child has been placed in the legal custody or care of the Department of Health and Human Services in Maine for considerable time without any attempts by the parent to remedy the situation.

If you need legal assistance with a parental rights case in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.