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When it comes to custody and visitation rights in Maine, it's important to understand that the focus is on "parental rights and responsibilities," and the guiding principle is the "best interests of the child." Here's a review of important information:
Equal Rights:
Maine law generally presumes that both mothers and fathers have equal rights to parental rights and responsibilities. There's no inherent bias towards one parent based on gender.
"Best Interests of the Child":
Court decisions regarding custody and visitation are primarily based on what is deemed to be in the child's best interests.
Factors Considered:
Judges consider various factors, including:
The child's age and preferences (if they are old enough to express them).
Each parent's relationship with the child.
The stability of each parent's living situation.
Each parent's ability to provide care and guidance.
Any history of domestic violence or abuse.
Parental Rights and Responsibilities:
This term encompasses the legal authority to make significant decisions about the child's life, such as education, healthcare, and religious upbringing.
Arrangements can include shared, sole, or allocated parental rights and responsibilities.
Visitation:
Even if a parent doesn't have primary custody, they may be granted visitation rights.
The court can impose restrictions or require supervised visitation in cases involving safety concerns.
Domestic Violence:
Maine courts take domestic violence very seriously. If there's a history of abuse, the court will prioritize the child's safety. This may result in restricted or supervised visitation.
Grandparents and Other Relatives:
In certain situations, grandparents or other relatives may be granted visitation rights, particularly if it's in the child's best interests.
Where to find more information:
Maine Judicial Branch:
This website provides information on court processes and family law.
The Maine Divorce Group:
This website provides helpful information regarding Maine divorce and child custody laws.
WomensLaw.org:
This website provides legal information for victims of domestic violence, including custody information.
