CasewellThe law in plain words
Under 19-A M.R.S. § 1653, the court "shall consider as primary the safety and well-being of the child."
That rule governs where the child lives and how much contact each parent has. The same section states a public policy. Unless it would not serve the child, children should have frequent and continuing contact with both parents after separation.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Maine explains what the figures can and cannot show.
Shared, allocated or sole: what Maine calls custody
Maine orders do not say "custody." They set parental rights and responsibilities, which means who makes the big decisions. They also set where the child lives.
- Shared: both parents make major decisions together, such as school, health care and religion. This is the most common order.
- Allocated: the court splits decisions between parents. One might decide schooling, the other religious upbringing.
- Sole: one parent makes every decision. The other parent may still pay child support.
- Primary residence: the home where the child lives most of the time.
- Shared primary residence: the child spends equal time in each home across the year.
- Parent-child contact: time with the parent the child does not mainly live with.
When people search for "full custody" in Maine, they usually mean sole rights plus primary residence. Section 1501 defines shared, allocated and sole rights. The Maine Judicial Branch describes shared primary residence as equal time across the year.
Is Maine a 50/50 state?
No. No Maine statute presumes equal time.
- Shared decisions are common: Maine policy encourages parents to share rights and responsibilities. Shared rights do not mean equal time.
- If you both agree: the court must award shared rights unless there is substantial evidence against it. It must explain any refusal.
- If you ask for equal time: if a parent requests shared primary residence and is refused, the judge must explain why.
- When equal time works: the courts say it is most common when parents live close together and co-parent well.
The judge still decides on the child's best interest. Distance, school districts and safety often shape the schedule.
The best-interest factors
Under § 1653(3), the court must consider:
- the child's age
- the child's bond with each parent and others who matter in the child's life
- what the child wants, if mature enough to state a real preference
- the length and adequacy of where the child lives now, and the benefit of continuity
- how stable each proposed home would be
- each parent's motives, and capacity to give love, affection and guidance
- how the child has adjusted to home, school and community
- whether each parent will allow and encourage regular time with the other parent
- whether each parent can work together on child care, or learn to
- ways to help parents cooperate and settle disputes, and each parent's willingness to use them
- the effect on the child if one parent has sole authority
- past or current domestic abuse between the parents, and its effect on the child
- any history of child abuse by a parent
- anything else bearing on the child's physical and mental well-being
- a parent's willful misuse of protection from abuse cases for tactical advantage, shown by clear and convincing evidence
- for a baby under one, whether the child is breastfed
- a parent's conviction for a sex offense
- certain sex offense convictions of anyone living with a parent
- whether dividing some decisions between parents would best protect the child
No single factor decides the case. The judge weighs them for each family.
Your child's preference
Maine sets no age at which a child chooses. The court weighs what a child wants when the child can voice a preference that carries real meaning.
- Meaning over age: a thoughtful reason carries more weight than a passing wish.
- One factor of nineteen: a clear preference still sits beside safety, stability and each parent's support for the other.
- Guardian ad litem: the court may appoint one when parents disagree sharply. This person talks with each parent and the child, then makes recommendations.
In divorce and parental rights cases, parents pay the guardian ad litem directly.
Mothers' and fathers' rights
Neither parent starts ahead. Section 1653(4) forbids favoring either parent for being a man or a woman. The child's age or sex cannot tip the balance either.
Under § 1651, parents are the joint natural guardians of their children. Neither parent has rights above the other's.
A father's case rests on the same things as a mother's: the bond with the child, a stable home and support for the other parent.
If you were never married
Unmarried parents ask the court for a Parental Rights and Responsibilities order, often called a PR&R case. It covers the children only, not property.
- Without an order: the court's guidance says Maine law presumes both parents have equal rights and duties. Neither can rely on a court to enforce a schedule until one exists.
- Acknowledgment of parentage: after the birth, the birth mother and the other parent can sign one. Filing it with the State Registrar is free.
- Its effect: under § 1865, a valid filed acknowledgment counts as a court ruling on parentage.
- Changing your mind: a signer can go to court to cancel within 60 days, or before the first hearing about the child, if sooner.
- After that: a challenge needs fraud, duress, coercion, threats or a major mistake of fact. It must come within two years.
- Other routes: marriage, genetic testing, or living with the child and holding them out as yours for their first two years.
The Maine Parentage Act, chapter 61, sets these rules. Parentage is only the first step. A PR&R order sets decisions, residence and contact.
Domestic violence
Abuse changes what a Maine court may order. Section 1653(6) sets the rules.
- A high bar: a parent who committed domestic abuse can get residence or contact only if it serves the child. The child and victim parent must be kept safe.
- Possible conditions: supervised contact, safe exchange sites, no overnights, an intervention program, or no alcohol or drugs before and during contact.
- Confidential address: the court may keep the child's and victim's address private.
- No joint counseling: a victim cannot be ordered into counseling with the abusive parent.
- Leaving home: fleeing harm, or leaving by agreement, cannot count against you.
- Evaluators: where abuse is alleged, a court-ordered evaluator must have specific training in domestic abuse. This rule dates from 2023.
A protection from abuse order is weighed, but the custody court decides parental rights afresh. It does not copy the order's terms.
Protection from abuse orders
Protection orders sit in chapter 103 of Title 19-A, which replaced chapter 101 on January 1, 2023.
- Who can file: includes current or former partners, and parents who share a child, married or not.
- Cost: filing is free under § 4106. Court staff provide the forms.
- Temporary order: a judge can act the same day without the other parent there. It needs an immediate and present danger of abuse.
- Children in the order: a temporary order can cover parental rights for your children.
- Hearing: a full hearing must generally be held within 21 days of filing.
- Final order: it can last up to two years, and can be extended more than once.
Any parental rights in a protection order are temporary. They do not bind the judge in a later parental rights case.
Emergency and temporary orders
Searches for an "emergency custody order" in Maine usually lead to one of three routes.
- Protection from abuse: the fastest route. Under § 4108, a judge can grant temporary orders, including about the children, without notice to the other parent.
- After hours: if the local court is closed, another District Court Judge or a Superior Court Justice can hear the request.
- Interim orders in a family case: under Civil Procedure Rule 107, a judge can set parental rights before the final judgment. These orders need notice to the other parent.
- Expedited hearing: a parent can ask for a faster interim hearing by showing extraordinary circumstances.
- Before mediation: for good cause, the court can hear a temporary request before sending parents to mediation.
"Protective custody" usually means a state child protection case under Title 22. The Department of Health and Human Services can seek a preliminary protection order if a child faces immediate risk of serious harm.
Moving with your child
Orders that give shared or allocated rights must require notice of a planned move. Section 1653(14) sets the rule.
- 30 days' notice: the other parent must be told no later than 30 days before the move.
- Short notice: if there is less time than that, tell them promptly.
- Safety: if a warning could endanger you or the child, notify the court. It then informs the other parent in a safe way.
Under § 1657, several moves count as a substantial change, the first step to changing an order:
- a move out of Maine when the other parent lives here
- a move that disrupts the other parent's contact with the child
- receiving the 30-day notice of a planned move
A move of more than 60 miles from either parent's home is presumed to disrupt contact. The judge then decides what serves the child, using the best-interest factors.
Moving to a neighboring state? Its custody rules may differ. Read our guide for New Hampshire.
Changing custody
To change an order, file a Motion to Modify, form FM-062.
In Kelley v. McKee (2019), the Maine Supreme Judicial Court restated a two-part test:
- A substantial change: something important must have changed since the last order.
- Best interest: the change you ask for must serve the child, judged by the § 1653 factors.
- Built-in changes: domestic or family violence since the last order counts as a substantial change. So do the moves described above.
- Military service: under § 1653-A, a Guard or Reserve parent's absence on active-duty orders cannot count against them.
- If orders are ignored: a Motion to Enforce or a Motion for Contempt asks the court to act. Contempt needs clear and convincing evidence.
The court can award make-up time for wrongly denied visits, and a forfeiture of at least $100.
Mediation and parent education
- Mediation is required: under § 251, parents with children must try mediation before a contested hearing. This applies to new orders and to changes.
- Good faith: if a parent does not try in good faith, the court can impose sanctions, including fees or a default ruling.
- Waivers: the court can waive mediation for extraordinary cause, shown by sworn affidavit.
- Abuse cases: tell the court about any protection order or abuse history early. Mediation may be skipped or held with parents in separate rooms.
- Agreements: a mediated deal must be written, signed and approved by the court.
- Parent education: the court can order parents to attend a co-parent education program. Classes run four hours in person and usually charge a fee.
How to file for custody in Maine
Parental rights cases go to the District Court for the area where you live. The Maine Judicial Branch explains each step.
- Gather details about you, the other parent and each child, including who the child has lived with in the past five years.
- Fill out the forms. Unmarried parents use form FM-006, a Complaint for Determination of Parentage, Parental Rights & Responsibilities, and Child Support. Married parents use FM-004 for divorce.
- Buy a summons (FM-038A) from any clerk's office.
- Serve the other parent, by their signed acknowledgment, certified mail or a sheriff.
- File the signed originals, the papers showing service, and the fee.
- Attend a case management conference with a family law magistrate, then mediation.
The other parent generally has 21 days to respond after being served. If you need your address kept private for safety, ask for form FM-057.
How much does it cost to file for custody in Maine?
Fees come from the Judicial Branch fee schedule, Administrative Order JB-05-26, last amended March 9, 2026.
| Filing | Fee |
|---|---|
| Family matter, including a parental rights case or divorce | $120 |
| Post-judgment motion, such as a motion to modify | $80 |
| Court mediation, first two sessions (listed fee) | $160 |
| Summons or other form with court seal | $5 |
| Protection from abuse case | Free |
A motion that changes only child support has no fee. Ask the clerk whether the mediation fee applies to you. Co-parent classes charge their own fees.
Last checked October 28, 2026. Confirm the total with the clerk before filing. If you cannot afford the fees, ask to proceed without payment using form CV-067.
What changed recently
- January 1, 2026: protection orders can now keep the restrained person a set distance from you, or away from a named place.
- September 24, 2025: an expired protection order can be reinstated and extended if you show good cause for filing late.
- September 24, 2025: the restrained person can no longer file a motion to end a final protection order.
- September 24, 2025: the definition of abuse now includes using coercion to make someone act, or stop them acting.
- September 24, 2025: judges can weigh an active military protective order when deciding on a temporary protection order.
- Custody statute: § 1653 was last amended in 2023. Our review found no 2024 to 2026 changes to it.
Last checked October 28, 2026. Laws can change, so check before you rely on this.
Building the record
Maine judges ask how settled the child's present routine is, how stable each home is, and which parent supports the other's time. Dates answer those questions better than opinions do.
Note each exchange, school task and appointment as it happens. Casewell keeps those entries beside the messages they refer to, so a lawyer or mediator sees one ordered history.
Before you record a call or a handover, check whether you can record your co-parent in Maine.
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A Maine custody record
Maine judges weigh continuity, cooperation and each parent's support for the child's other relationship. Keep these items current so your facts are ready.
Court timeline
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Is Maine a 50/50 custody state?
No. Maine has no presumption of equal time. Shared decision-making is common, and the court must order it when parents agree, unless substantial evidence says otherwise.
What are the rights of fathers in Maine?
The same as mothers. Maine judges may not favor a parent for being a mother or a father, and neither parent's rights rank above the other's.
How do I get sole custody in Maine?
Ask the court for sole parental rights and responsibilities. The judge weighs the 19 best-interest factors, including safety, abuse and the effect of one parent having sole authority.
At what age can a child choose which parent to live with in Maine?
Maine has no set age. The court weighs what a child wants when the child is mature enough to state a real preference, and the judge makes the final decision.
How much does it cost to file for custody in Maine?
The listed fee is $120 to start a family matter, and $80 for a motion to modify. A protection from abuse case is free. Confirm with the clerk before filing.
Can I move out of Maine with my child?
If your order gives shared or allocated rights, tell the other parent 30 or more days ahead. A move out of state or over 60 miles can lead the court to review the order.
Sources
This page summarizes Maine's custody, mediation, parentage and abuse statutes, court rules, fees, 2025 laws and a Supreme Judicial Court decision, as of October 2026. It explains the law in general terms and is not legal advice.
- 19-A M.R.S. § 1653 — parental rights and responsibilities checked
- 19-A M.R.S. § 1501 — shared, allocated and sole rights defined checked
- 19-A M.R.S. § 1657 — modification and relocation checked
- 19-A M.R.S. § 251 — required mediation checked
- 19-A M.R.S. § 1865 — acknowledgment of parentage checked
- 19-A M.R.S. § 4108 — temporary protection orders checked
- 19-A M.R.S. § 4110 — protection order relief checked
- Kelley v. McKee, 2019 ME 155 checked
- Maine Judicial Branch — court process in a family matters case checked
- Maine Judicial Branch — court fees schedule, JB-05-26 checked