Maine Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Maine divorce
How custody is determined §19-A-1653
Courts determine parental rights and responsibilities based on the best interests of the child, considering the child's age and developmental needs, each parent's ability to cooperate, and any history of domestic abuse.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §19-A-2006
Maine uses an income-shares model to calculate child support.
- Based on combined gross income of both parents using Maine Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings of unjust or inappropriate result
- Health insurance and childcare costs are factored into the calculation
- Income can be withheld directly from the paying parent's employer §19-A-2651
The parenting plan
Most Maine courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce
Courts may issue temporary orders for support, parental rights, and exclusive use of the marital home during the proceedings. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
A parental rights order may be modified upon showing a substantial change in circumstances that makes modification in the child's best interests. §19-A-1657
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Related guides
- Based on combined gross income of both parents using Maine Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings of unjust or inappropriate result
- Health insurance and childcare costs are factored into the calculation