When can a child choose which parent to live with in Maine?
When can a child choose which parent to live with in Maine?
1. When does a child get to decide where he or she wants to live? In Maine, the legal answer is eighteen. Until the child reaches the age of majority, the parents are still responsible for parental rights and responsibilities for that child, including what the child’s residence will be.
Can a parent move out of state after a divorce?
Many parents move following a divorce, whether to begin a new job or a new life. A judge can’t force a parent to remain in the state following a divorce. A custodial parent has the right to travel freely and even relocate with a child under certain circumstances.
Can you stop your ex from moving with your child?
One parent does have the right to try and stop the other from moving and may seek a court order from the court to prevent it from happening. Such an order would prevent the child from being moved until the court has considered the case.
Can a judge stop me from moving?
Generally, the Court cannot prevent a parent from relocating to live somewhere else, however the Court most definitely has the power to stop a parent from taking their child to live with them in the new locality, if that area will be some distance away from the other parent and so interfere with the amount of time the …
Can I move with my child if there is no custody agreement?
If you have never been married to the father and there is no court order about custody, then you can move out and take your child with you. You do not need court permission to move out with your child. But the father can file a paternity case at any time, and then try to get custody and parenting time or visitation.
What would cause a mother to lose custody?
The following will constitute abusive behavior that will cause a parent to lose custody, if a custody action is brought by the co-parent: Verbal abuse of child or of the co-parent in front of the child. Parental alienation of the co-parent. Physical or emotional abuse of the co-parent in front of child.
How far away can a parent move with a child?
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.
How does custody work if a parent moves out of state?
If you or the other parent currently have joint custody, but one of you must move out of state, custody generally goes to whichever parent stays in the state. The other parent can submit a separate one at the same time you do. A mediator can work with both of you to create one.
Can I move if I have sole physical custody?
Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children.
Can I move out of state if there is no custody order?
If you do not have a formal custody agreement or custody order, this likely means either that you are still married or that you have a child out of wedlock. In either case, moving out of state with your child without obtaining formal court approval is likely to be inadvisable.
Can you have joint custody if you live in different states?
While joint custody is possible when parents live in different states, judges are unlikely to order joint physical custody because it’s not always feasible. If parents have joint custody and one moves out-of-state, the court may transfer physical custody to one parent to avoid this issue.
How is child support calculated when parents live in different states?
Personal jurisdiction is a set of rules for determining whether or not a specific state court may hear a case involving certain specific persons. The law that helps courts decide which state will hear child support cases when parents live in different states is called the Uniform Interstate Family Support Act (UIFSA).
Can a parent with joint custody move away?
Many of the disputes over mobility arise in joint custody situations. If a parent has sole custody, he or she may be able to move if access and visitation rights can be worked out with the other parent, or if the court gives its permission.
Can my ex take my sons phone away?
Both parents should have reasonable phone access to the child. That means at reasonable hours, for reasonable duration, and at reasonable intervals. To ensure reasonable access, at a minimum parents should agree on a specified time for calls so the child can be made available to receive them.
