Maine Shared Parental Rights and Responsibilities Agreement

AGREEMENT FOR SHARED PARENTAL RIGHTS AND RESPONSIBILITIES

State of Maine — District Court, Family Division

Important Maine Terminology Note: Since the 1995 reform of Maine family law, the state uses "parental rights and responsibilities" instead of "custody." What other states call "joint custody" is known in Maine as shared parental rights and responsibilities under 19-A M.R.S. § 1653(2)(B). This agreement uses Maine's statutory terminology throughout.

Case No.: [________________________________]

Court: Maine District Court, [________________________________] Division

County: ☐ Androscoggin ☐ Aroostook ☐ Cumberland ☐ Franklin ☐ Hancock ☐ Kennebec ☐ Knox ☐ Lincoln ☐ Oxford ☐ Penobscot ☐ Piscataquis ☐ Sagadahoc ☐ Somerset ☐ Waldo ☐ Washington ☐ York

ARTICLE I — PARTIES AND CHILDREN

Section 1.01 — Parties

This Agreement for Shared Parental Rights and Responsibilities ("Agreement") is entered into between:

Parent A: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City/Town: [________________________________], Maine [____]
Telephone: [________________________________]
Email: [________________________________]

Parent B: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City/Town: [________________________________], Maine [____]
Telephone: [________________________________]
Email: [________________________________]

Section 1.02 — Minor Child(ren)

This Agreement concerns the following minor child(ren) of the parties:

Section 1.03 — Related Proceedings

This Agreement is filed in connection with:
☐ Complaint for Divorce (FM-004)
☐ Complaint for Determination of Parentage, Parental Rights & Responsibilities, and Child Support (FM-006)
☐ Post-judgment modification
☐ Other: [________________________________]

Section 1.04 — Co-Parent Education

Maine District Court may require both parents to participate in a co-parent education program (four-hour in-person class).

☐ Parent A has completed an approved program on [__/__/____].
☐ Parent B has completed an approved program on [__/__/____].
☐ Both parents shall complete an approved program within 60 days of the date of filing.

ARTICLE II — SHARED PARENTAL RIGHTS AND RESPONSIBILITIES

Section 2.01 — Grant of Shared Rights

Pursuant to 19-A M.R.S. § 1653(2)(B), the parents shall have shared parental rights and responsibilities with respect to the child(ren). Both parents shall share the rights and responsibilities to make major decisions regarding the child(ren)'s welfare, including but not limited to education, healthcare, religious upbringing, and extracurricular activities.

Section 2.02 — Primary Residential Care

Under shared parental rights and responsibilities, the child(ren)'s primary residential care shall be:

☐ Shared — The child(ren) shall spend approximately equal time residing with each parent according to the schedule in Article III.

☐ Allocated to Parent [____] — The child(ren)'s primary residence for school enrollment and correspondence purposes shall be with Parent [____], with parent-child contact to the other parent according to the schedule in Article III. Both parents retain shared decision-making authority.

Primary residence address for school enrollment: [________________________________]
School district: [________________________________]

Section 2.03 — Joint Decision-Making

A. Major Decisions Requiring Mutual Agreement:

The following decisions shall be made jointly by both parents after good-faith consultation:

1. Education: School enrollment and withdrawal, choice of school (public, private, homeschool), special education services and IEP participation, tutoring, and college planning.
2. Medical and Dental Care: Selection of healthcare providers, non-emergency medical and dental treatment, surgical procedures, prescription medications (except emergency), and vaccinations.
3. Mental Health: Selection of therapists or counselors, initiation of psychiatric treatment, and medication for behavioral or psychological conditions.
4. Religious Upbringing: Religious education, religious services attendance, and religious rites or ceremonies.
5. Extracurricular Activities: Enrollment in organized sports, lessons, camps, and activities that affect the other parent's residential time.
6. Travel: Out-of-state or international travel during either parent's residential time.
7. Legal Matters: Decisions regarding the child(ren)'s legal representation or involvement in legal proceedings.

B. Consultation Process:

1. The parent proposing a major decision shall notify the other parent in writing (email or through the designated co-parenting platform) at least [____] days before the decision must be made.
2. Both parents shall discuss the matter in good faith.
3. If agreement cannot be reached, the parents shall use the dispute resolution process in Article VII before either parent may act unilaterally.
4. Neither parent may unreasonably withhold consent to a decision that serves the child(ren)'s best interest.

C. Emergency Decisions:

The parent with whom the child(ren) reside at the time of an emergency may authorize emergency medical treatment or take other emergency action to protect the child(ren). That parent shall notify the other parent within 24 hours and provide details of the emergency and any treatment provided.

D. Day-to-Day Decisions:

Each parent shall make routine daily decisions (meals, bedtime, homework, play activities, routine hygiene, minor discipline) during their residential time without consulting the other parent.

ARTICLE III — RESIDENTIAL SCHEDULE AND PARENT-CHILD CONTACT

Section 3.01 — Regular Schedule During the School Year

☐ Week-on/Week-off: Alternating full weeks, exchanging on [____]day at [____] AM/PM.

☐ 2-2-3 Rotation:

• Monday and Tuesday: Parent [____]
• Wednesday and Thursday: Parent [____]
• Friday through Sunday: Alternating (Parent A on odd weeks; Parent B on even weeks)

☐ 5-2-2-5:

• Monday and Tuesday: Parent [____] (every week)
• Wednesday and Thursday: Parent [____] (every week)
• Friday through Monday: Alternating

☐ Custom Schedule:
Parent A's residential time: [________________________________]
Parent B's residential time: [________________________________]

Section 3.02 — Summer Schedule

☐ Regular school-year schedule continues through summer.
☐ Modified summer schedule:
Each parent shall have [____] consecutive weeks of vacation time with the child(ren). Written notice of proposed dates shall be provided by April 1 of each year. If dates conflict, Parent A's preference controls in even years; Parent B's in odd years.
Additional summer schedule details: [________________________________]

Section 3.03 — Holiday Schedule

Holidays supersede the regular schedule. Maine-specific holidays are included.

Section 3.04 — Exchanges and Transportation

Exchange Location: ☐ School ☐ Parent A's residence ☐ Parent B's residence ☐ Public location: [________________________________]

Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared (Parent A transports to Parent B; Parent B transports to Parent A) ☐ Other: [________________________________]

Late Arrival/No Show: If a parent is more than [____] minutes late for an exchange without prior notification, the other parent may proceed with alternative plans. The late parent does not forfeit the residential period but must make reasonable arrangements.

Section 3.05 — Right of First Refusal

☐ Not applicable.
☐ If either parent will be unable to personally care for the child(ren) for more than [____] consecutive hours during their residential time, that parent shall first offer the other parent the opportunity to care for the child(ren) before arranging third-party childcare. The other parent shall respond within [____] hours.

Section 3.06 — Communication with Child(ren)

Each parent shall facilitate reasonable telephone and video contact between the child(ren) and the other parent during their residential time.

• Frequency: ☐ Daily ☐ Every other day ☐ As mutually agreed
• Preferred time: approximately [____] PM
• Maximum duration: [____] minutes
• Method: ☐ Phone ☐ Video call ☐ Either

Neither parent shall listen to, monitor, record, or interfere with the child(ren)'s communications with the other parent.

ARTICLE IV — INFORMATION SHARING AND RECORDS ACCESS

Section 4.01 — Equal Access to Records

Both parents shall have full and equal access to all records and information concerning the child(ren), including:

• School records, report cards, standardized test results, and teacher communications
• Medical, dental, mental health, and vision records
• Extracurricular activity information
• Childcare provider information
• Law enforcement records, if any

Section 4.02 — School and Provider Notification

Both parents shall be listed as contacts and authorized persons with all schools, medical providers, childcare facilities, and extracurricular activity providers. Each parent shall independently ensure they are registered to receive communications from these entities.

Section 4.03 — Prompt Notification

Each parent shall promptly notify the other of:

• Any serious illness, injury, hospitalization, or emergency involving the child(ren)
• Any legal proceeding or investigation involving the child(ren)
• Any school discipline, suspension, or expulsion
• Any significant change in the child(ren)'s behavior, health, or emotional well-being
• Any change in the parent's address, telephone number, employment, or household composition

ARTICLE V — RELOCATION

Section 5.01 — Notice Requirement

Pursuant to 19-A M.R.S. § 1653(14), the parent intending to relocate the child(ren) shall provide at least 30 days' advance written notice to the other parent containing:

1. The intended new address and telephone number
2. The reason for the relocation
3. A proposed revised residential schedule
4. The proposed effective date of the move

Section 5.02 — Presumption of Disruption

Under 19-A M.R.S. § 1657, relocation of the child(ren) more than 60 miles from either parent's residence is presumed to disrupt parent-child contact and constitutes a substantial change in circumstances requiring court review.

Section 5.03 — Out-of-State Relocation

Relocation of the child(ren) to another state, when both parents reside in Maine and shared or allocated parental rights and responsibilities exist, constitutes a substantial change in circumstances under 19-A M.R.S. § 1657.

Section 5.04 — Resolution of Relocation Disputes

If the non-relocating parent objects, the parents shall:

1. Attempt to negotiate a revised residential schedule in good faith
2. Participate in mediation per 19-A M.R.S. § 1653(10)
3. If unresolved, submit the matter to the court for determination based on the best interest factors under 19-A M.R.S. § 1653(3)

Neither parent shall relocate the child(ren) in violation of this provision pending court resolution.

ARTICLE VI — PARENTAL CONDUCT PROVISIONS

Section 6.01 — Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the presence or hearing of the child(ren).

Section 6.02 — No Interference with Relationship

Each parent shall actively support and encourage the child(ren)'s relationship with the other parent. Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent.

Section 6.03 — Substance Use

Neither parent shall consume alcohol to impairment or use illegal substances during residential time or within [____] hours before the beginning of residential time.

Section 6.04 — Firearms Safety

All firearms in either parent's household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

Section 6.05 — Introduction of New Partners

Neither parent shall allow a new romantic partner to be present overnight during residential time until that relationship has been ongoing for at least [____] months, unless the parents mutually agree otherwise in writing.

Section 6.06 — Consistency Across Households

The parents shall make reasonable efforts to maintain consistent rules, discipline approaches, bedtimes, homework expectations, and screen-time limits across both households.

Section 6.07 — Attendance at Events

Both parents are welcome to attend school events, athletic competitions, performances, and other activities. Each parent shall inform the other of such events and shall conduct themselves respectfully.

ARTICLE VII — DISPUTE RESOLUTION

Section 7.01 — Maine Mandatory Mediation

Pursuant to 19-A M.R.S. § 1653(10), prior to any contested hearing relating to initial or modified orders for parental rights and responsibilities, the court shall refer the parties to mediation. The parents agree:

1. Direct Communication First. Parents shall attempt to resolve disputes through respectful, child-focused communication.
2. Mediation. If direct communication fails, the parents shall participate in court-referred mediation or mediation with a private mediator mutually selected by the parents, before filing any motion with the court.
3. Guardian ad Litem. Under 19-A M.R.S. § 1507, either parent may request appointment of a Guardian ad Litem to investigate and report to the court on the child(ren)'s best interests. Any such request must be filed no later than the conference following the first scheduled mediation, or within 60 days of the first conference if mediation is waived.
4. Court Hearing. If mediation does not resolve the dispute, either parent may request a contested hearing before the District Court.

Section 7.02 — Emergency Relief

Nothing in this Article prevents either parent from seeking emergency relief from the court when the child(ren)'s immediate safety or welfare is at risk.

Section 7.03 — Forum and Governing Law

This Agreement is governed by the laws of the State of Maine. Exclusive jurisdiction for enforcement or modification lies in the Maine District Court, [________________________________] Division, subject to the Uniform Child Custody Jurisdiction and Enforcement Act (19-A M.R.S. §§ 1731-1783).

ARTICLE VIII — FINANCIAL PROVISIONS

Section 8.01 — Health Insurance

☐ Parent A ☐ Parent B shall maintain comprehensive health, dental, and vision insurance for the child(ren). If employer-sponsored coverage is available at reasonable cost, the insuring parent shall maintain such coverage.

Section 8.02 — Uninsured Medical Expenses

Uninsured and unreimbursed medical, dental, vision, orthodontic, therapeutic, and prescription expenses shall be divided:
☐ Equally (50%/50%)
☐ Proportional to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

Section 8.03 — Extracurricular Activity Costs

Costs for mutually agreed-upon extracurricular activities shall be divided:
☐ Equally (50%/50%)
☐ Proportional to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

Section 8.04 — Child Support

Child support shall be determined in accordance with the Maine Child Support Guidelines (19-A M.R.S. § 2001 et seq.) and is:
☐ Addressed in a separate Child Support Affidavit (FM-050)
☐ Set forth as follows: [________________________________]

Section 8.05 — Tax Matters

The child(ren) shall be claimed as dependents for federal and state income tax purposes by:
☐ Parent A for all children
☐ Parent B for all children
☐ Alternating years (Parent A in even years; Parent B in odd years)
☐ Split between parents: [________________________________]

ARTICLE IX — MODIFICATION

Section 9.01 — Modification Standard

This Agreement may be modified upon a showing of a substantial change in circumstances affecting the child(ren)'s best interest under 19-A M.R.S. § 1657.

Section 9.02 — Two-Year Restriction

Within two years of the initial order, the court may modify the order only if failure to do so would place the child(ren) in jeopardy or if the modification is minor and serves the child(ren)'s best interest. See 19-A M.R.S. § 1657(2).

Section 9.03 — Periodic Review

The parents agree to review this Agreement:
☐ Annually on or about [________________________________]
☐ At each significant developmental transition
☐ As needed

Any agreed-upon modifications shall be submitted in writing to the court for approval.

ARTICLE X — GENERAL PROVISIONS

Voluntary Execution. Each parent enters this Agreement voluntarily, without coercion or duress, after having the opportunity to consult with independent legal counsel.

Severability. If any provision is held unenforceable, the remaining provisions shall continue in full force.

Entire Agreement. This Agreement, together with any court orders incorporating it, constitutes the entire understanding between the parents regarding parental rights and responsibilities and supersedes all prior agreements.

Counterparts. This Agreement may be executed in counterparts and by electronic signature, each deemed an original.

Court Approval Required. This Agreement shall not be enforceable as a court order until approved by the Maine District Court.

Notice. All written notices shall be sent to the addresses listed in Section 1.01 or as updated by written notice to the other parent and the court.

ARTICLE XI — EXECUTION

We, the undersigned parents, have read and understand this Agreement. We believe it is in the best interest of our child(ren) and request that the Maine District Court approve and incorporate this Agreement into its order.

Parent A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Parent B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

State of Maine
County of [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public, personally appeared the above-named Parent A and Parent B, known to me or proved on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same voluntarily.

Signature: _________________________________
Notary Public, State of Maine
My Commission Expires: [__/__/____]

[Seal]

ORDER OF THE COURT

The Court, having reviewed the foregoing Agreement for Shared Parental Rights and Responsibilities and having considered the best interest factors under 19-A M.R.S. § 1653(3):

☐ FINDS that this Agreement serves the best interest of the child(ren) and is hereby APPROVED and incorporated into the Court's order.
☐ FINDS that this Agreement is APPROVED with modifications as stated on the record or in a separate order.
☐ FINDS that this Agreement is NOT APPROVED for the reasons stated on the record.

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Justice / Judge / Family Law Magistrate
Maine District Court — [________________________________] Division

SOURCES AND REFERENCES

• 19-A M.R.S. § 1653 — Parental Rights and Responsibilities: https://legislature.maine.gov/statutes/19-a/title19-Asec1653.html
• 19-A M.R.S. § 1657 — Modification or Termination of Orders: https://legislature.maine.gov/statutes/19-a/title19-Asec1657.html
• 19-A M.R.S. § 1507 — Guardian ad Litem Appointment: http://legislature.maine.gov/legis/statutes/19-A/title19-Asec1507.html
• Maine Judicial Branch — Parental Rights and Responsibilities: https://www.courts.maine.gov/courts/family/divorce-separation/parental-rights.html
• Maine Judicial Branch — Family Court Process: https://www.courts.maine.gov/courts/family/process.html
• Maine Judicial Branch — Co-Parent Education Programs: https://www.courts.maine.gov/courts/family/divorce-separation/parent-education.html
• Pine Tree Legal Assistance — PR&R Forms: https://www.ptla.org/parental-rights-and-responsibilities-maine-court-forms