This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Maine USLegal Guide to Temporary Custody
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If you have the flexibility and the means to move and you know a move is in your family's best interests, then all the power to you. However, if you are reluctant to move because you know it could hurt your children's feelings and impact your relationship with them, you may want to put the move on hold for now.
There is no set geographical distance dictating exactly how far away you can move with your child, but but if that distance is deemed to significantly affect the other parent's ability to have a meaningful relationship with the child, then the court will need to establish if the move is in the child's best interests.
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).]
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.
Joint legal custody is the most common custody arrangement granted by courts. Why is that? One of the most significant advantages of joint custody is that a child will grow up with influence and input from both parents.
In such cases, the Maine courts prioritize the best interests of the child. 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.