Moving Away With a Child in Maine: Relocation Notice, Distance Rules and Burden of Proof
In Maine a parent with shared or allocated parental rights gives the other parent at least 30 days’ notice of an intended relocation. A move of more than 60 miles is presumed to disrupt contact and can be a substantial change in circumstances.
What does the Maine relocation law require?
The parenting order must require notice of the intended relocation of a child by a parent awarded shared or allocated parental rights and responsibilities. At least 30 days before the intended relocation, the parent gives the other parent notice; if the move must occur sooner, notice is given as soon as possible; and if the relocating parent believes notice would endanger the parent or the child, the parent notifies the court, which gives notice to the other parent in a way that keeps them safe (19-A M.R.S. 1653(14)).
| Question | What the statutes say |
|---|---|
| Who gives notice | A parent awarded shared or allocated parental rights and responsibilities who intends to relocate the child |
| How much notice | At least 30 days before the intended relocation |
| If the move must happen sooner | Notice as soon as possible |
| If notice could cause danger | The relocating parent notifies the court, which gives notice to the other parent in a safe manner |
| Effect of a move | A move to another state, or one that disrupts contact, is a substantial change in circumstances |
| Distance presumption | More than 60 miles from either parent’s residence is presumed to disrupt contact |
| Receiving the notice | Also a substantial change in circumstances |
What counts as a substantial change in circumstances in Maine?
In a motion to modify a parental rights order, a substantial change in circumstances includes the relocation, or intended relocation, of a child to another state by a parent when the other parent is a Maine resident and there is an award of shared or allocated parental rights; the relocation of a child that will disrupt the contact between the child and the other parent, with a move of more than 60 miles from either parent’s residence presumed to disrupt it; and receiving the notice of intended relocation (1657(2)).
Is there a burden of proof in Maine?
Not stated in the sections we read. The relocation is a ground to ask the court to modify the order, and the court decides on the child’s best interest using the factors in section 1653(3).
What happens if a parent moves without notice in Maine?
The statutes we read do not state a penalty, but violation of a parenting order may result in contempt and sanctions (1653(2)(D)(5)).
What about support and the schedule after a move in Maine?
A longer distance can change the schedule and the percentages. Recount with the Maine parenting time calculator and run the Maine child support calculator.
What about jurisdiction in Maine?
The power to modify is limited by the Uniform Child Custody Jurisdiction and Enforcement Act if another state may have jurisdiction (1657(3)), so a move out of state can change which court decides later disputes.
What should you do before moving in Maine?
Read your order, which must include the notice requirement, give written notice at least 30 days ahead, propose a revised contact schedule and ask a licensed Maine attorney whether to seek the court’s approval first.
Frequently asked questions
How much notice do I have to give before relocating with a child in Maine?
At least 30 days, or as soon as possible if the move must happen sooner.
How far can I move with my child in Maine without it counting as a change?
A move of more than 60 miles from either parent’s residence is presumed to disrupt contact.
Does moving out of state change a Maine custody order?
It is a substantial change in circumstances when the other parent is a Maine resident and rights are shared or allocated.
What if giving notice is unsafe in Maine?
The relocating parent notifies the court, which gives safe notice to the other parent.
Does a move change Maine child support?
It can, if it changes the care arrangement.
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
A local family law attorney can review your situation — many offer a free consultation.
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.