Custody

In making decisions regarding the child’s residence and parent-child contact, the court shall consider the safety and well-being of the child to be the most important factor. The judge will consider the following factors when making a decision about parental rights and responsibilities, in order to decide what’s in the child’s best interests:

• the child’s age;
• the relationship the child has with his/her parents and any other persons who may significantly affect the child’s welfare;
• the child’s wishes if the child is old enough to make an informed decision;
• the length of time (duration) and how good (adequate) the child’s current living arrangements are and the desirability of keeping things the same (maintaining continuity) for the child;
• the stability of any proposed living arrangements for the child;
• the motivation of the parties involved and their ability to give the child love, affection, and guidance;
• the child’s adjustment to the his/her present home, school and community;
• which parent is more likely to make sure that the child has frequent meaningful contact with the other parent, including physical access to the child;
• both parent’s ability to cooperate with each other, or to learn to cooperate, regarding child care, including the willingness to use any methods that could assist with parental cooperation;
• the effect on the child if one parent has sole authority over the child’s upbringing;
• the existence of any history of child abuse by a parent;
• all other factors having a reasonable bearing on the physical and psychological well-being of the child;
• whether a parent has misused the protection from abuse order process to gain an advantage in the parental rights and responsibilities process;
• whether the child is being breast-fed if the child is under one year of age;
• whether allocation of some or all parental rights and responsibilities would best support the child’s safety and well-being;
• the existence of domestic abuse by one parent against the other parent, in the past or currently, and how that abuse affects:
  • the child emotionally;
  • the safety of the child; and
  • everything else listed above, which must be considered in light of the domestic abuse; and
• whether a parent or someone the parent is living with, such as a new spouse or boyfriend/girlfriend, is a convicted sex offender.¹

¹ M.R.S. 19-A § 1653(3)