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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.
Maine law does not deem the unmarried biological father of a baby to be a legal parent. This means that the baby can lose important rights, like the right to inherit property or benefits. It also means that if the mother dies an untimely death, there could be a major legal dispute about where the child should live.
The home the children live in a majority of the time is referred to as their primary residence. If the children spend an equal amount of time with each parent throughout the course of a year, parents may have shared primary residence.
The State of Maine does not favor one gender of parent over the other in family law matters. Both parents are considered to be fit and able guardians of their child and both parents are equally entitled to have custody of their child (19-A M.R.S. §1651).
The standard that most states use to determine child custody is the best interests of the child. In Maine, family court judges also use this standard to determine residence and parent-child contact, looking at factors such as: The age and preference of the child.
Maine law does not deem the unmarried biological father of a baby to be a legal parent. This means that the baby can lose important rights, like the right to inherit property or benefits. It also means that if the mother dies an untimely death, there could be a major legal dispute about where the child should live.
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).