Custody

The judge will issue a parental rights and responsibilities order that s/he think is in the child’s best interest. 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. The judge will consider the following factors when making a decision about parental rights and responsibilities:

• 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;
• how stable any proposed living arrangements for the child are;
• the motivation of the parties involved and their abilities to give the child love, affection and guidance;
• the child’s adjustment to the child’s 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;
• if a parent has misused the protection from abuse order process to gain an advantage in the parental rights and responsibilities process;
• if the child is under one year of age, whether the child is being breast-fed;
• 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 between the parents, 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
• if 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)