If I have recently moved to Maine, can I file for custody?
Usually, you can file in your child’s home state. The “home state” refers to the state your child has lived in with one or both parents, or a person acting as a parent, for at least the last six months before the date you file. If your child is less than six months old, the “home state” is the state where your child has lived since birth.1 For example, if you and your child moved to Maine less than six months ago, Maine would not be your child’s home state. You will probably have to file in the state that you and your child lived in before moving to Maine assuming that the other parent still lives there. Another option might be waiting to file in Maine once you and your child have lived in Maine for at least six months. There are legal consequences for both of these options – we suggest talking to a lawyer for advice on what is best for your situation. You can find a lawyer on our Maine Finding a Lawyer page.
1 M.R.S. 19-A § 1732(7)