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Legal Information: Maine

Custody

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Updated: 
January 30, 2019

Can I get a temporary parental rights and responsibilities order?

There are two possible ways that you might be granted this type of temporary order. First, the court can grant you temporary parental rights and responsibilities in a protection from abuse (PFA) order. However, any custody case that is filed afterwards could overrule (un-do) the custody portion of your PFA.1 The judge in a custody case must re-consider the custody issues and cannot just base his/her decision on the fact that you got temporary custody through a PFA.2

Second, you might also be able to get a temporary order when you file your petition for a permanent parental rights and responsibilities order and are awaiting the hearing. 3

1 M.R.S 19-A § 4007(1)(G)
2 M.R.S. 19-A § 1653(5-A)
3 See 19-A M.R.S. § 1732(4)