Reviewed August 2026
Child Custody in Maine
Maine's family law statute does not use the word 'custody.' Instead, 19-A M.R.S. § 1653 governs the allocation of parental rights and responsibilities, covering both what other states call legal custody, the authority to make decisions about the child's education, health care, and religious upbringing, and physical residence, where the child primarily lives and the contact schedule with each parent. A case is filed in Maine District Court's Family Division, and the judge applies the best-interest factors in § 1653. Maine also requires mediation before a contested parental rights and responsibilities case can go to trial. Under 19-A M.R.S. § 251, the court refers contested cases involving parental rights and responsibilities to mediation. The parties generally must attempt to resolve their dispute through a court-connected mediator before a judge hears the case. An existing order allocating parental rights and responsibilities can be modified later, but only on a showing that circumstances have changed enough since the last order to justify revisiting it.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how child custody works under Maine law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Maine paperwork. See how Virdix works for California divorces.
Get notified when Virdix reaches Maine
We'll send one email, nothing else, the day Maine launches.
Terminology: parental rights and responsibilities, not custody
Maine's statute speaks of allocating parental rights and responsibilities rather than awarding custody. It covers both decision-making authority and the child's residential schedule within that single framework. 19-A M.R.S. § 1653 lists the best-interest factors a Maine court applies, including the age of the child; the relationship of the child with the child's parents and any other persons who may significantly affect the child's welfare; the preference of the child, if old enough to express a meaningful preference; the duration and adequacy of the child's current living arrangements; the stability of any proposed living arrangements; the capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent; and evidence of domestic abuse, which the statute directs the court to weigh as a significant factor against awarding shared or sole rights and responsibilities to an abusive parent.
Where and how a case starts
Parental rights and responsibilities cases are filed in the Family Division of Maine District Court, in the division where a party resides. A parent raises the issue inside a divorce complaint, or in a standalone complaint for a determination of parental rights and responsibilities between unmarried parents, generally alongside establishing parentage if that has not already been done. Maine's judicial branch publishes self-help resources on divorce, separation, and parental rights and responsibilities, including the standard forms used to start a case and instructions for representing yourself without an attorney.
Mandatory mediation and parenting plans
19-A M.R.S. § 251 requires the court to refer a contested case involving parental rights and responsibilities to mediation before it proceeds to a contested hearing. The goal is to help the parents reach an agreement on a parenting plan without a trial. If mediation does not resolve the dispute, the case proceeds to a hearing where the judge decides the allocation of parental rights and responsibilities using the § 1653 best-interest factors. Maine has no single statute requiring every case to produce a formally titled parenting plan document, but the court's order or the parties' agreement typically functions the same way, laying out decision-making authority, a residential schedule, and how future disputes will be handled.
Changing an order later
To modify an existing order allocating parental rights and responsibilities, the parent seeking the change must show that circumstances have changed since the last order in a way that affects the child's best interest. The court then reapplies the 19-A M.R.S. § 1653 factors to the family's current situation. A modification action is filed in the same Family Division case that produced the original order, and Maine's mediation requirement under § 251 can apply again to a contested modification request before it reaches a hearing before a judge.
Sources: Maine Revised Statutes, 19-A M.R.S. § 1653 (parental rights and responsibilities, best interest factors), Maine Revised Statutes, 19-A M.R.S. § 251 (mediation), Maine Revised Statutes, 19-A M.R.S. § 1657 (modification), Maine Judicial Branch - Family Division, Divorce and Separation
Not independently confirmed
- Whether every Maine judicial division has the same mediation program and fee structure was not independently confirmed division by division.
- Whether a formal parenting class is required in any specific Maine division was not confirmed; check with the filing court.
Child Custody in Maine: frequently asked questions
Does Maine use the word custody?+
No. Maine's statute governs the allocation of parental rights and responsibilities, a single framework under 19-A M.R.S. § 1653 covering both decision-making authority and the child's residential schedule, rather than separate custody and visitation terms.
Is mediation required in a Maine parental rights case?+
Yes, for contested cases. 19-A M.R.S. § 251 requires the court to refer a contested parental rights and responsibilities dispute to mediation before it proceeds to a contested hearing, giving the parents a chance to reach an agreement without a trial.
What factors does a Maine court use to decide parental rights and responsibilities?+
19-A M.R.S. § 1653 lists factors including the child's age and relationships, the child's preference if old enough, the stability of current and proposed living arrangements, each parent's willingness to foster contact with the other parent, and any evidence of domestic abuse, which the court weighs heavily.
Where do I file for parental rights and responsibilities in Maine?+
In the Family Division of Maine District Court, for the division where a party resides. It is raised inside a divorce complaint for married parents, or in a standalone complaint for unmarried parents, generally alongside establishing parentage.
Do I need a parenting plan in Maine?+
Maine has no statute requiring a single formally titled 'parenting plan' document in every case, but the court's order or the parties' agreement covers the same ground, addressing decision-making authority, a residential schedule, and how future disputes will be resolved.
How do I change a Maine parental rights and responsibilities order?+
File a modification action in the same Family Division case and show that circumstances have changed since the last order in a way that affects the child's best interest. The court reapplies the § 1653 factors, and a contested modification can be sent to mediation under § 251 before reaching a hearing.
This page is general information about child custody in Maine, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Maine's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Maine. Virdix does not prepare or file Maine divorce paperwork. It is not a substitute for an attorney licensed in Maine.
More Maine divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Maine, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
If the court clerk rejects a document we prepared, we fix it for free until it's accepted. See how the guarantee works