Child Custody Agreement - Maine

MAINE CHILD CUSTODY AND PARENTAL RIGHTS AGREEMENT

Before you use this: Complete the choices and submit this signed agreement for court review. An existing order remains in effect until the court changes it. In a case involving domestic abuse, complete the safety terms and obtain the court's findings and conditions before contact is ordered.

Court and case number (if pending): [________________________________]

Parent A: [FULL LEGAL NAME], [ADDRESS FOR COURT NOTICES]

Parent B: [FULL LEGAL NAME], [ADDRESS FOR COURT NOTICES]

Children:

The parents agree to present these terms for approval under 19-A M.R.S. § 1653. They ask the court to adopt the completed terms only to the extent the court finds them in each child's best interest. The parents will provide any additional information the court requires.

1. Parental rights and decision making

Proposed allocation (select one): ☐ Shared parental rights and responsibilities ☐ Allocated rights and responsibilities as stated below ☐ Sole parental rights and responsibilities to [PARENT].

For shared parental rights, most or all decisions about a child's welfare remain the joint responsibility of both parents; they will confer and make joint decisions about education, health care, religion, travel, child care, and residence. 19-A M.R.S. § 1501(5). For allocated rights, specify who decides each subject and how the parents will confer:

The parent caring for a child may make routine daily decisions consistent with the court's order. Primary residential care: ☐ Parent A ☐ Parent B ☐ shared as described here: [SCHEDULE AND LOCATIONS]. Child's school and enrollment arrangements: [________________________________].

2. Parent-child contact

The parents propose the following contact schedule, subject to Section 3 and any protective order:

Transportation and exchanges: [WHO TRANSPORTS, LOCATION, AND ARRANGEMENTS]. Changes by agreement: The parents may agree in writing to a specific schedule adjustment consistent with the order; a permanent change to ordered rights requires court approval. Missed contact: [AGREED PROCEDURE, IF ANY], subject to the child's safety and any later court direction.

3. Domestic abuse and safety

Relevant domestic abuse or protective order: ☐ None disclosed ☐ Described in the attached confidential filing or here: [FACTS, ORDER, CASE NUMBER, AND DATE]. Do not include a protected address where confidentiality is required.

If domestic abuse is involved, the parents propose these contact and exchange conditions for the court's decision under 19-A M.R.S. § 1653(2)(D)(2) and § 1653(6): [PROTECTED EXCHANGE / SUPERVISION / CONTACT LIMIT / OTHER TERMS]. The court may award primary residence or contact to a parent who committed domestic abuse only if it finds that contact is in the child's best interest and that adequate safety provisions can be made for the child and the victim parent. § 1653(6)(A). This agreement does not override a protective order.

Emergency contact and safe communication route: [________________________________].

4. Child support, health care, and records

Child support (complete one): ☐ Proposed support order or existing order attached, identified by [CASE NUMBER, DATE, AMOUNT, PAYOR, AND PAYEE] ☐ The parents ask the court not to order support for these reasons: [SPECIFIC REASONS FOR COURT REVIEW]. The court's order must provide for support or state its reasons for not ordering it. 19-A M.R.S. § 1653(2)(D)(3).

Health insurance: [PARENT] will obtain and maintain private health insurance for the children if available at reasonable cost, as ordered by the court. The parent providing insurance will furnish proof of coverage to the other parent within 15 days after receiving the court order. If such insurance is not reasonably available now, the proposed order will require coverage when it becomes available at reasonable cost. § 1653(8)(C). Uncovered expenses and reimbursement procedure: [________________________________].

Each parent will have access to the children's medical, dental, school, and related records unless the court finds that access contrary to the child's best interest or sought to harm the other parent, and states its reasons for denying access. § 1653(2)(D)(4). Records and information sharing method: [________________________________].

5. Relocation and later orders

A parent awarded shared or allocated parental rights and responsibilities who intends to relocate a child will give the other parent notice at least 30 days before the move. If the move must occur sooner, notice will be given as soon as possible. If notice to the other parent would endanger the relocating parent or child, that parent will notify the court instead and the court will provide safe notice. 19-A M.R.S. § 1653(14). Proposed notice address or safe court route: [________________________________].

Relocation notice does not itself change an existing residence or contact order. An order may be modified or terminated on a parent's petition as circumstances require under §§ 1653(10) and 1657. In a covered contested matter involving minor children, the court refers the parents to mediation before the hearing under § 251(2), unless it grants a waiver on an affidavit-supported motion for extraordinary cause. Temporary relief may be requested for good cause under § 251(2)(A).

6. Court order and enforcement

If the court awards shared parental rights and responsibilities, the order must include the definition in § 1501(5). The order must also state that a violation may result in a contempt finding and sanctions under § 1653(2)(D)(5) and (7). Either parent may petition the court about noncompliance; the court decides any remedy. Neither parent's signature here waives a child's support or the court's safety review.

Other terms proposed for court review: [________________________________].

The parents have read the completed agreement and ask the court to review it. They understand that a signed private agreement does not itself replace a court order.

Counsel, if any: [NAME AND SIGNATURE / NONE]

Court approval, if entered: [ORDER OR DOCKET REFERENCE AND DATE]

Sources and references

• Maine Legislature, 19-A M.R.S. § 1501
• Maine Legislature, 19-A M.R.S. § 1653
• Maine Legislature, 19-A M.R.S. § 1657
• Maine Legislature, 19-A M.R.S. § 251