Divorce Maine Custody

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Every state defines its own set of laws and rights for each and every legal process. Even if there is a case of separation between the two spouses. In such cases, a legal process called divorce is implemented in most of the states in the US. This legal process is mainly implemented to legally terminate the marriage between the two spouses. Various marital issues are also required to be resolved associated with the divorcing individuals and the related people. Some of the general issues are property or debt distribution, child or alimony support, child custody and likewise. The allotment of custodial rights is one of the major part of the entire legal procedure if children are involved. Like every other state, the Maine state sorts this child custody issue on the basis of specific rules and regulations. The term "custody" has been substituted by "parental rights and responsibilities". In the past, this state had concepts of shared custody, allocated custody and sole custody. Presently, all these still exist, but are referred to by different terms. Most importantly, the Divorce custody in Maine is established by considering the best interests of the child.

Determining the best interests of the child During Legal Proceedings

The court determines the best interests of the child by pondering over the relevant factors detailed below. The primary concerns of the court are the well being and security of the child.

  • The issues that have a reasonable impact on the psychological and physical well being of the child
  • Any past record of child abuse by either of the two partners
  • Incidences of domestic abuse between the parents in the past or present, and the manner in which these impact the safety and emotional health of the child
  • If only one parent is given the sole authority of the upbringing of the child, what would be the impact of this decision on the child?
  • The willingness of each parent to employ the methods of resolving disputes and parental cooperation
  • The ability of the father and the mother to cooperate or learn to co-operate when the issue is of "child care"
  • The ability of each parent to inspire and permit continued and frequent contact between the other parent and the child, inclusive of physical access.
  • The attachment of the child with a person other than the divorcing parents, such as, grandparents can also be considered as one of the major factors
  • The adjustment of the child in the community, school and residence
  • The abilities and motivation of the parties involved to offer guidance, affection and love to the child
  • Are the proposed living arrangements of the child sufficiently stable?
  • Are the child's present living arrangements adequate and if yes, for what duration? What is the desirability of the parents maintaining the continuity of these arrangements?
  • If the child is of sufficient age to make a meaningful preference, what is the preference of the child?
  • The relationship of the child not only with his or her father and mother but also with any other individual, who may significantly impact the welfare of the child
  • The age, physical and mental state of the child.

Shared parental rights and responsibilities in Maine Divorce Custody

  • In this state, this is the most common type of custody that is awarded.
  • Almost all aspects of the welfare of the child are considered before granting the joint right and responsibility to both the parents.
  • Due to this, it is essential that the parents talk to each other fairly often and whenever feasible to make joint decisions about the child.
  • While awarding this custody, the court assumes that the father and the mother are equally competent to take care of the child; both have executed a pretty good job regarding the care of the child before the divorce took place.
  • Let us assume that the parents have themselves acceded to this award. In such a case, the court generally grants this award, except when there is considerable proof that this should not be done. If the court finalizes not to grant the award, then the court must state reasons for such an action.

The procedure associated with the divorce custody in Maine is clearly highlighted the point that shared and joint custody is permitted in this state. At the same time, the personal interest of the child and the bonding of the child with each parent are the two major conditions taken into account while making the final decision related to the custody.

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