Maine Answer And Counterclaim For Divorce (With Children) is a legal document that is filed in response to a Complaint for Divorce when the parties have minor children. The Answer and Counterclaim form allows the party to respond to the Complaint and to list any counterclaims they may have. The Answer and Counterclaim must be filed with the court and served on the other party within the time specified by the court. The Answer and Counterclaim must respond to each statement in the Complaint and state whether the party agrees, disagrees, or has no knowledge of the stated facts. The Counterclaim portion of the Answer and Counterclaim must include the type of relief requested, such as child support, custody, parenting time, division of property, etc. In Maine, there are two types of Answer and Counterclaim forms for divorces with children: one for an Uncontested Divorce and one for a Contested Divorce. The Uncontested Divorce Answer and Counterclaim must be signed by both parties and filed with the court. The Contested Divorce Answer and Counterclaim must be served on the other party and filed with the court. Both types of Answer and Counterclaim forms must be accompanied by a certificate of service, which proves that the other party was served with the Answer and Counterclaim.
Maine Answer And Counterclaim For Divorce (With Children)
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The parent has acted toward a child in a manner that is heinous or abhorrent to society or has failed to protect a child in a manner that is heinous or abhorrent to society, without regard to the intent of the parent; PL 1995, c. 481, §3 (AMD).
Maine allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Maine may be "irreconcilable differences", or similar grounds.
Sole parental responsibility is when one parent makes decisions regarding the child without input from the other parent. This includes minor decisions that need to be made on a day-to-day basis (i.e., the child's bedtime) as well as all major decisions (i.e., the school the child attends).
Sole parental rights and responsibilities means that one parent has the right to make all the decisions about the child's wellbeing, and the child's primary residence will be with that parent.
If you have been served with court papers in a divorce or parental rights and responsibilities case, you may file a written response (called an "answer") within 21 days of when you received the papers. Your answer or response may include a ?counterclaim? (a claim against the plaintiff).
Sole. In some cases, the court awards ?sole? parental rights and responsibilities. Sole parental rights and responsibilities gives one parent exclusive decision-making about the children's upbringing. The parent not awarded any parental rights and responsibilities may still be responsible for paying child support.
Maine law does not specify a specific age at which a child can decide where he or she will live. If the child is old enough to have a meaningful preference, the court can take their input into consideration.
If a court order is not in place, Maine law presumes that parents have equal rights and responsibilities to care for and raise their children. Parents also have a duty to support their children financially, to the extent they are able.
