Can Divorced Maine Parents Legally Relocate Their Children?

In nearly every case, a divorce is an unpleasant situation.

Divorces become ten times more painful when children are involved.

In addition to the fact that you are no longer able to see the kids every day, you are thrown into discussions of custody agreements, child support, who is paying for health insurance, who is paying for dance lessons, etc.  More often than not, discussions about these important details are not without tension.

Even after these important details have been decided and the divorce is finalized, it does not mean that everything is set in stone.

Various life events, like getting a promotion at work or a change in one parent's housing situation, may lead to one party going back to court to ask for a modification of the previous ruling.

One of the biggest possible changes would be one parent's desire to relocate to a different city.

Can a divorced parent legally move their children to a different town or state?

What happens when the parent with primary custody (or the parent in a 50/50 shared custody situation) plans to move to a town that is a significant distance from their current residence?

According to the DivorceNet website, Maine has determined that it is best when children have contact with both parents on a regular basis.  However, the state recognizes that people do sometimes need to move.

Because of this, a parent is always free to move alone.  If the parent intends to move the children, and the other parent objects to the move, the court will get involved.

The website describes the process as:

If a parent wants to move away and take the children, that parent first has to provide the non-moving parent with a written notice of intent. The notice has to be delivered to the other parent no less than 30 days before the proposed move. If the non-relocating parent objects to the move, then the moving parent must go to court, and ask the judge to change custody.

When deciding whether or not to allow the move, the judge looks into what is best for the child.  Some of the things that factor into this decision include the child's age, the child's relationship with each parent, and the stability of the living arrangements.

One of the other factors taken into account is the distance of the move.  Clearly, moving from Augusta to Gardiner is much different than a move from Portland to New York City.

You can read more HERE.

Keep in mind that, as we are not legal experts, your best bet is to consult a lawyer with regard to any custody dispute.