Child Custody in Portland, ME
We understand that a child custody battle is a personal and highly emotional issue. This is why we’re so passionate about connecting you with Portland, Maine professionals who will help you fight for your rights as a parent.
What Is Child Custody?
When two parents separate, they must decide on how their children spend time between them. Child custody refers to the right of either or both parents to provide a home for their children and exercise parental rights. In Portland, ME not all child custody cases go to court, but when they do, courts make their decisions based on what they think is most beneficial for the child.
Types of Child Custody Arrangements in Portland, Maine
There are three main types of arrangements that can occur. These include full custody, sole custody, and joint custody. Hearings and filings that lead to a resolution may result in various appearances at the Portland District Court. If this is an unfamiliar setting, the State of Maine Judicial Branch provides a guide for visiting a courthouse.
What Is Full Custody?
In a full custody arrangement, one parent receives the majority of the parenting time and maintains physical custody. In most instances, this person also makes the majority of the decisions about the child’s upbringing and has control over decisions related to health, education, and religion. The parent awarded full custody is the primary custodial parent.
Domestic Relations Statutes govern what the court considers the rights and responsibilities of a parent. A judge in Portland needs to have reason to believe that granting full custody is in the best interests of the child. A portion of what the Maine Legislature allows for deliberation includes:
- Age of the children
- The existence of domestic abuse
- The capacity of the parents to cooperate
- Adequacy and duration of the current living arrangement
- Motivations of each party toward providing love, affection, and guidance
Even when children only live with one parent, the other parent still has the opportunity to be a part of their lives. The custodial parent may allow visiting time or the children may spend a few weekends with the non-custodial parent. In some instances, a parent awarded full custody might still maintain joint custody in practice with their partner for the benefit of the children.
What Is Sole Custody?
Many people often confuse the concepts of one parent having the majority of parenting time with sole custody, but it is essential to differentiate between these two. In some cases, one parent may not have any rights or parenting time at all, especially if the court determines that the other parent is unfit. Sole physical custody is granted to one parent in situations where the other parent’s ability to care for the child is deemed insufficient.
In extreme cases, the court may go as far as terminating the parental rights of one parent, particularly if the parent has been convicted of crimes that could endanger the child, such as child abuse or sexual misconduct. Laws around parental rights termination vary from state to state, and the severity of the situation will determine whether such a drastic step is taken.
What Is Joint Custody?
Joint custody refers to the arrangement where both parents share physical custody of their child. This could mean that the child spends alternating weeks or a set amount of time with each parent. Some families in , even practice a method known as “nesting,” where the parents rotate in and out of the home by their custody schedule while the child remains in the same residence.
According to the State of Maine Judicial Branch, the court generally favors arrangements that allow for continued contact with both parents, unless the child’s safety or well-being could be compromised. In such cases, the court will act to protect the child.
Parents in Portland are expected to agree on important matters like who will maintain the child’s primary residence, how time will be split between parents, financial responsibilities, and decisions regarding the child’s medical care and education.
In many joint custody agreements, one parent may still have the final say on major decisions about the child’s life and well-being. Additionally, joint custody does not always mean a 50/50 time split. One parent often retains primary custody, with the other parent sharing a smaller portion of the time, such as a 60/40 split, depending on what the court determines to be in the child’s best interest.
The Factors Courts Consider When Making a Decision
In Portland, Maine full custody is often awarded when one parent isn’t able to contribute to the responsibilities of raising the child. For example, if a parent is physically incarcerated, doesn’t have financial stability, or is involved in situations that may potentially hurt the child, the court may grant one parent full or sole custody due to the circumstances.
On the other hand, joint custody is often provided to the parents. Both parents assume the responsibilities that are required to raise a healthy and happy child. Both parents need to be able to work together to maintain consistent communication and follow the directions of the court. Sometimes parents do not work well together. Then the court is sometimes more likely to award one parent the majority of the parenting time to reduce friction.
With Portland joint custody cases, both parents need to coordinate resources and activities to support the needs of the child. The situation of your custody arrangements might vary. There may be supervised custody arrangements for one parent. Another option is a public meeting place for the child to be picked up and dropped off with the other parent.
The Basics of the Child Custody Process
Custody arrangements in Portland, Maine are often subject to family court orders and decisions. However, this is not always the case. Even when the split is amicable, hiring a child custody lawyer can help. Navigate the troubled waters of your custody battle with legal help. Many parents can come together to find a solution that works well for the child. Oftentimes without needing to involve the court system.
Most child custody cases in Portland are referred to mediation under the authority of the Family Division. During these sessions, a mediator will attempt to reach a parenting agreement between the parties concerned. If you cannot find a solution mutually, a judge may need to have the final word.
Working with a Portland custody lawyer as a mediator can help to advise you on the best type of custody arrangement that would work for the unique requirements and needs of your child. Hire an experienced child custody lawyer to help you better understand your rights as a parent and avoid costly mistakes.
Work With an Experienced Portland, Maine Child Custody Lawyer
A child custody battle is a difficult and frustrating process. This is worse when there is animosity between you and the other parent. A Portland lawyer who specializes in this area can help to explain the entire process of the child custody battle and can help to make a positive impact on your case whether they mediate the arrangement or defend one party.
Hire a dedicated and passionate child custody attorney in Portland, Maine. Your chances of seeing a custody agreement and visitation rights that are favorable for you will be much more likely. If you’re looking to hire an experienced child custody lawyer to help you understand your rights as a parent, you’ve come to the right place.
The attorneys we connect people with can increase your chances of getting the arrangement you seek, even in complex cases. Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across Maine state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
