Joint vs. Sole Custody in Maine: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

Maine has no presumption of equal time. Shared parental rights follow if the parents agree unless substantial evidence says otherwise, and a court that refuses a requested sharing of primary residential care must say why.

Does Maine presume joint custody or equal time?

No. The court applies the best interest of the child standard, and in deciding residence and parent-child contact it considers as primary the safety and well-being of the child (19-A M.R.S. 1653(3)). When the parents have agreed to an award of shared parental rights and responsibilities, or agree in open court, the court shall make that award unless there is substantial evidence it should not be ordered, and it must state its reasons if it does not (1653(2)(A)).

What can an award of shared rights include in Maine?

Either primary residential care with one parent and rights of parent-child contact for the other, or a sharing of the child’s primary residential care by both parents. If either or both parents request shared primary residential care and the court does not award it, the court must state why shared primary residential care is not in the child’s best interest (1653(2)(D)(1)).

What are the best-interest factors in Maine?

The court considers the child’s age; the child’s relationships with parents and others; the child’s preference if old enough; the duration and adequacy of the current living arrangement and the value of continuity; the stability of proposed arrangements; the parties’ motivation and capacity to give love, affection and guidance; adjustment to home, school and community; each parent’s capacity to allow and encourage frequent and continuing contact; the capacity to cooperate and methods for resolving disputes; the effect of one parent having sole authority; domestic abuse and its effect on the child and the other factors; any child abuse by a parent; and other factors bearing on the child’s well-being, among others (1653(3)).

Is there a gender or age preference in Maine?

No. The court may not apply a preference for one parent over the other because of the parent’s gender or the child’s age or gender (1653(4)).

What must a parenting order include in Maine?

The type of award, conditions of contact in domestic abuse cases, child support or the reasons for not ordering it, and a statement that each parent has access to the child’s records, including medical, dental and school records, unless the court finds access is not in the child’s best interest (1653(2)(D)).

What access to records does each parent have in Maine?

Each parent must have access to records and information about the child, including medical, dental and school records, whether or not the child resides with the parent, unless access is not in the child’s best interest or is sought to cause detriment to the other parent (1653(2)(D)(4)).

Can a third person have contact in Maine?

The court may award reasonable rights of contact with a minor child to a third person, and may award parental rights to a third person or agency if awarding them to either parent would place the child in jeopardy (1653(2)(B)-(C)).

How does custody connect to support in Maine?

The label does not set the amount; the care arrangement does. Count your schedule with the Maine parenting time calculator and run the Maine child support calculator.

Can the order be changed later in Maine?

An order may be modified or terminated as circumstances require, and certain relocations are treated as a substantial change in circumstances (1657). See moving away with a child in Maine.

Frequently asked questions

Official sources

• 19-A M.R.S. 1653: parental rights and responsibilities
• 19-A M.R.S. 1657: modification of parental rights orders
• 19-A M.R.S. 2001: definitions
• 19-A M.R.S. 2006: child support guidelines
• Maine Judicial Branch: child support

This is general information, not legal advice. It is based on the cited Maine statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maine attorney.