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Parental Rights & Responsibilities Cases (unmarried parents) 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.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
A relocation more than 60 miles away is presumed by the courts to disrupt the child's relationship with the other parent, which may not be in their best interests.
Can a custodial parent take the child out of state without consent? If you have sole custody, you can take the child out of state without consent, unless your custody order prohibits this. Your trip cannot interfere with the noncustodial parent's time with the child.
Under Maine law, the legal guardian of a minor ?has the duties and responsibilities of a parent regarding the minor's support, care, education, health, and welfare.? The child's parents remain their child's legal parents?their rights are not terminated but are mostly suspended.
The older and more mature a child is the more weight that a child's preference will have on custody. One Maine court has specifically stated that the opinion of a child aged 12 or older should carry a lot of weight. Another court has also stated that the opinion of a 4-year-old won't factor into the custody decision.
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.