Maine Sole Parental Rights and Responsibilities Agreement

AGREEMENT FOR SOLE PARENTAL RIGHTS AND RESPONSIBILITIES

State of Maine — District Court, Family Division

Maine terminology: This agreement requests sole parental rights and responsibilities as defined by 19-A M.R.S. § 1501(6). The court decides any parent-child contact and safety conditions under § 1653.

Case No.: [________________________________]

Court: Maine District Court, [________________________________] Division

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

Filed in Connection With: ☐ Complaint for Divorce (FM-004) ☐ Complaint for Determination of Parentage, Parental Rights & Responsibilities, and Child Support (FM-006) ☐ Motion to Modify Parental Rights and Responsibilities ☐ Other: [________________________________]

ARTICLE I — PARTIES AND CHILDREN

Section 1.01 — Primary Parent

The following parent shall hold sole parental rights and responsibilities ("Primary Parent"):

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City/Town: [________________________________], Maine [____]
Telephone: [________________________________]
Email: [________________________________]
Attorney (if any): [________________________________]

Section 1.02 — Contact Parent

The following parent has the contact terms, if any, approved by the court ("Contact Parent"):

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City/Town: [________________________________], Maine [____]
Telephone: [________________________________]
Email: [________________________________]
Attorney (if any): [________________________________]

Section 1.03 — Minor Child(ren)

Section 1.04 — Co-Parent Education

☐ Both parents have completed an approved co-parent education program as required by the court.
Primary Parent: Completed [__/__/____] — Program: [________________________________]
Contact Parent: Completed [__/__/____] — Program: [________________________________]
☐ Both parents shall complete an approved program within [____] days of filing.

ARTICLE II — GRANT OF SOLE PARENTAL RIGHTS AND RESPONSIBILITIES

Section 2.01 — Sole Authority

The parents request that the court award the Primary Parent sole parental rights and responsibilities under 19-A M.R.S. §§ 1501(6) and 1653(2)(D)(1), including authority to make major decisions regarding:

1. Education — School enrollment and withdrawal, school choice (public, private, charter, homeschool), special education services, tutoring, and college planning
2. Medical and Dental Care — Selection of healthcare providers, authorization of medical and dental treatment, surgical procedures, prescription medications, and vaccinations
3. Mental Health Services — Selection of therapists and counselors, initiation of psychiatric treatment, and behavioral health medications
4. Religious Upbringing — Religious education, attendance at religious services, and participation in religious rites and ceremonies
5. Extracurricular Activities — Enrollment in sports, lessons, camps, and organized activities
6. Travel — Authorization of out-of-state and international travel
7. Legal Matters — All decisions regarding the child(ren)'s legal representation or involvement in legal proceedings

Section 2.02 — Basis for Sole Parental Rights and Responsibilities

This award of sole parental rights and responsibilities is based on the following (select all that apply):

☐ The parents' mutual agreement that sole parental rights and responsibilities to the Primary Parent serves the child(ren)'s best interest
☐ The parents' inability to cooperate sufficiently for shared parental rights and responsibilities
☐ Geographic distance between the parents' residences
☐ A history of domestic violence or abuse (see Article VI)
☐ Substance abuse or mental health concerns affecting the Contact Parent's ability to participate in decision-making
☐ The Contact Parent's prolonged absence or unavailability
☐ Other: [________________________________]

Section 2.03 — Primary Residence

The child(ren) shall reside primarily with the Primary Parent at: [________________________________]

The child(ren) shall be enrolled in the [________________________________] school district.

Section 2.04 — Contact Parent's Right to Information

Subject to any contrary court finding or protective order under 19-A M.R.S. § 1653(2)(D)(4), the Contact Parent shall have access to records and information concerning the child(ren), including:

• Access all school records, report cards, and standardized test results directly from the school
• Access all medical, dental, and mental health records directly from providers
• Receive notice of school events, parent-teacher conferences, and extracurricular activities
• Speak directly with the child(ren)'s teachers, medical providers, and counselors

The Primary Parent shall:

• Provide copies of report cards and significant medical information within [____] days of receipt
• Notify the Contact Parent of all scheduled school conferences and events with at least [____] days' notice
• Not instruct schools, providers, or other entities to withhold information from the Contact Parent

ARTICLE III — PARENT-CHILD CONTACT SCHEDULE

Subject to the court's safety findings and order, parent-child contact shall be as follows:

Section 3.01 — Type of Contact (select one)

☐ No direct contact ordered — State the court order or proposed basis: [________________________________]

☐ Option A — Standard Parent-Child Contact

• Alternating weekends: Friday at [____] PM to Sunday at [____] PM
• One midweek contact: [____]day from [____] PM to [____] PM (☐ with overnight ☐ without overnight)
• Summer: [____] weeks, which may be consecutive, with at least 30 days' written notice to the Primary Parent by April 1 each year

☐ Option B — Extended Parent-Child Contact

• Alternating weekends: Friday after school to Monday morning (school drop-off)
• Two midweek contacts: [____]day and [____]day from after school to [____] PM
• Summer: [____] weeks with at least 30 days' written notice

☐ Option C — Supervised Parent-Child Contact (see Section 3.05)

☐ Option D — Custom Schedule
Contact Parent's scheduled time: [________________________________]

Section 3.02 — Holiday Schedule

Holidays supersede the regular schedule:

Section 3.03 — Exchanges

Exchange location: ☐ Primary Parent's residence ☐ Child(ren)'s school ☐ Neutral public location: [________________________________]

Transportation: ☐ Contact Parent provides all transportation ☐ Primary Parent provides all transportation ☐ Shared: Contact Parent picks up; Primary Parent picks up for return ☐ Other: [________________________________]

Section 3.04 — Communication Between Contact Parent and Child(ren)

Subject to the court's contact and protective orders, the Primary Parent shall facilitate telephone and video contact between the Contact Parent and child(ren) as follows:

• Frequency: ☐ Daily ☐ Every other day ☐ [____] times per week
• Time: Approximately [____] PM
• Duration: Up to [____] minutes
• Method: ☐ Telephone ☐ Video call ☐ Either

The Primary Parent shall not monitor, record, or interfere with these communications.

Section 3.05 — Supervised Parent-Child Contact (If Applicable)

☐ This section does not apply.
☐ The Contact Parent's time with the child(ren) shall be supervised as follows:

Basis for supervision: ☐ Domestic violence history ☐ Substance abuse concerns ☐ Mental health concerns ☐ Lack of established relationship ☐ Court order ☐ Other: [________________________________]

Type of supervision:
☐ Professional supervised visitation center: [________________________________]
☐ Approved third-party supervisor: [________________________________]
☐ Therapeutic supervision with licensed clinician: [________________________________]

Supervised schedule:

• Frequency: [____] times per [____]
• Duration: [____] hours per session
• Location: [________________________________]

Conditions for modification of supervision:
The parties may ask the court to review supervised contact after the following events. A court order requiring supervision remains in effect until the court modifies it:
☐ Completion of [________________________________] (e.g., substance abuse treatment, batterer intervention program, parenting classes)
☐ [____] consecutive months of compliance with supervision requirements
☐ Negative substance abuse testing for [____] months
☐ Favorable recommendation from the supervisor or therapist
☐ Court approval after the parties' agreement or a hearing
☐ Other: [________________________________]

Cost of supervision: ☐ Contact Parent pays all costs ☐ Shared equally ☐ Other: [________________________________]

ARTICLE IV — RELOCATION

Section 4.01 — Primary Parent's Relocation

The Primary Parent may relocate with the child(ren) subject to the governing order. The parents agree to 30 days' advance written notice, or notice as soon as possible if the move must occur sooner, unless giving direct notice would endanger a parent or child. Section 1653(14) requires statutory relocation notice when the order awards shared or allocated rights; it does not independently impose that duty on a sole-rights order. A safe notice under this agreement should include:

1. The new address and telephone number
2. The reason for the relocation
3. A proposed revised parent-child contact schedule
4. The effective date of the move

Section 4.02 — Out-of-State Relocation

For a proposed move outside Maine, the parents will review the existing order and any jurisdictional limits. If the move requires changes to ordered contact, the Primary Parent will seek an amended order before disregarding those terms. The parents may agree on a revised schedule: [DETAILS]. If they do not agree, either may request court review under 19-A M.R.S. §§ 1653(3) and 1657. This clause does not create a statutory veto for the Contact Parent.

Section 4.03 — Sixty-Mile Presumption

Section 1657(2)(A-1)'s 60-mile disruption presumption applies when the order awards shared or allocated parental rights and responsibilities. Under a sole-rights order, either parent may still ask the court to review a move that affects ordered contact.

Section 4.04 — Safety Exception

If direct notice under this agreement would endanger the Primary Parent or child, the Primary Parent may seek a protective direction from the court and provide notice as the court orders. If a shared or allocated rights order remains in effect, use § 1653(14)'s court-notice safety route.

ARTICLE V — PARENTAL CONDUCT

Section 5.01 — Non-Disparagement

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

Section 5.02 — Support of Parent-Child Relationship

Subject to the court's safety and contact orders, the Primary Parent shall support the child(ren)'s relationship with the Contact Parent and shall not interfere with ordered contact.

Section 5.03 — Non-Interference

The Contact Parent shall not interfere with the Primary Parent's decision-making authority or attempt to undermine the Primary Parent's household rules and routines.

Section 5.04 — Substance Use

Neither parent shall consume alcohol to impairment or use illegal substances during their time with the child(ren) or within [____] hours before the beginning of such time.

Section 5.05 — 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 5.06 — Timely Return of Child(ren)

The Contact Parent shall return the child(ren) to the Primary Parent at the scheduled time and location. A return more than [____] minutes late without prior notice and reasonable excuse constitutes a material breach of this Agreement.

Section 5.07 — No Unauthorized Removal

Neither parent shall take the child(ren) on travel that violates the governing court order. For travel outside Maine, the parents agree to give each other [____] days' notice and the itinerary, unless an order or safety concern requires a different method.

ARTICLE VI — DOMESTIC VIOLENCE PROVISIONS

Section 6.01 — Applicability

☐ This Article does not apply — no history of domestic or family violence.
☐ This Article applies.

Section 6.02 — Domestic Abuse Contact Conditions

Under 19-A M.R.S. § 1653(6), when a parent has committed domestic abuse, the court may award primary residence or parent-child contact to that parent only if the court finds:
(a) Contact between the parent and child is in the best interest of the child; and
(b) Adequate provision for the safety of the child and the abused parent can be made.

Section 6.03 — Safety Provisions

If domestic violence is a factor, the following safety provisions apply (select all that apply):

☐ Exchanges shall occur at a protected or supervised location: [________________________________]
☐ Parent-child contact shall be supervised (see Section 3.05)
☐ The parent who committed domestic abuse shall complete a court-designated intervention program before any unsupervised contact, if the court so orders
☐ The abusive parent shall abstain from alcohol and controlled substances during and for [____] hours before contact
☐ Overnight contact is prohibited
☐ The abused parent's address shall remain confidential
☐ The parent who committed domestic abuse shall pay the supervised-contact fee and any exchange costs as the court orders
☐ Other: [________________________________]

Section 6.04 — Prohibition on Joint Counseling

Pursuant to 19-A M.R.S. § 1653(6)(E), the court shall not order a victim of domestic abuse to participate in counseling with the abusing parent.

ARTICLE VII — DISPUTE RESOLUTION

Section 7.01 — Mediation Requirement

Under 19-A M.R.S. §§ 1653(11) and 251(2), the court shall refer the parties to mediation before a contested hearing on initial or modified parental rights and responsibilities, subject to the statutory waiver and temporary-relief provisions.

1. The parents will seek mediation before a contested hearing when the court refers them, unless the court grants a statutory waiver. A parent may file a motion before mediation when court procedure permits, including a request for temporary relief.
2. Safety and waiver: A party who believes mediation would compromise safety may seek a court waiver by motion supported by affidavit. Under § 251(2)(B), the court may waive mediation for extraordinary cause shown.

Section 7.02 — Guardian ad Litem

Under 19-A M.R.S. § 1507, the court may appoint a Guardian ad Litem (GAL) in a contested case. Maine GAL Rule 2 includes domestic-abuse dynamics and effects on children in approved core training; Rule 4 governs appointment and duties. A party requesting appointment should follow Rule 4(b)(2)'s timing and late-motion conditions.

☐ A Guardian ad Litem has been appointed: [________________________________]
☐ A party requests appointment of a Guardian ad Litem.
☐ No Guardian ad Litem is requested at this time.

Section 7.03 — Forum and Governing Law

This Agreement is governed by Maine law. Any request for enforcement or modification shall be presented to a court with jurisdiction. Maine's authority to alter a parental-rights order is limited by the Uniform Child Custody Jurisdiction and Enforcement Act when another state may have jurisdiction. 19-A M.R.S. § 1657(3).

Section 7.04 — Emergency Relief

Either parent may ask the court for temporary relief on a showing of good cause before mediation under 19-A M.R.S. § 251(2)(A), including when the child(ren)'s safety requires prompt action.

ARTICLE VIII — FINANCIAL PROVISIONS

Section 8.01 — Health Insurance

☐ Primary Parent ☐ Contact Parent shall maintain health, dental, and vision insurance for the child(ren) as ordered by the court. The court's private health insurance requirement applies when coverage is available at reasonable cost under 19-A M.R.S. § 1653(8)(C).

Section 8.02 — Uninsured Medical Expenses

For nonrecurring or later uninsured medical expenses exceeding the $250 annual aggregate, 19-A M.R.S. § 2001(4) allocates responsibility in proportion to adjusted gross income. Proposed shares: Primary Parent [____]% / Contact Parent [____]%. Other expenses: [________________________________].

Section 8.03 — Child Support

The parents request a child-support order consistent with 19-A M.R.S. § 1653(8) and chapter 63. Each parent will provide the Child Support Affidavit (FM-050) when required. Proposed support terms, subject to court calculation and approval: [________________________________].

ARTICLE IX — MODIFICATION

Section 9.01 — Standard

The parents may petition to modify a parental-rights order as circumstances require under 19-A M.R.S. § 1657(1). Section 1657(2)(B) treats a court finding of domestic or family violence since the last primary-residence determination as a substantial change. Its relocation triggers apply only when shared or allocated rights have been awarded. Other changed circumstances may be presented to the court for review under subsection 1.

Section 9.02 — Timing

Section 1657 contains no fixed two-year waiting period. A party seeking modification should identify the changed circumstances and the requested order.

Section 9.03 — Petition to Convert to Shared Rights

Either parent may ask the court to change the order to shared parental rights and responsibilities. The court decides modification under 19-A M.R.S. §§ 1653(2)(A) and 1657, including the child's best interest and the circumstances presented.

ARTICLE X — GENERAL PROVISIONS

Voluntary Execution. Each parent enters this Agreement voluntarily, without coercion or duress.

Severability. If the court declines to approve a provision, the parents ask it to consider the remaining provisions separately under applicable law and the child's best interest.

Entire Agreement. This Agreement constitutes the entire understanding regarding parental rights and responsibilities and supersedes all prior agreements.

Counterparts. The parents may sign separate copies that together form one agreement. The court's filing and signature requirements control the copy submitted for approval.

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

ARTICLE XI — EXECUTION

We, the undersigned, have read and understand this Agreement. We believe this arrangement serves the best interest of our child(ren) under the factors set forth in 19-A M.R.S. § 1653(3).

Primary Parent:

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

Contact Parent:

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

OPTIONAL ACKNOWLEDGMENT

State of Maine
County of [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public, personally appeared the above-named parties, known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument, and acknowledged voluntary execution.

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

[Seal]

ORDER OF THE COURT

The Court, having reviewed the foregoing Agreement for Sole Parental Rights and Responsibilities and considered the best interest factors under 19-A M.R.S. § 1653(3), including any history of domestic abuse under § 1653(6):

☐ FINDS this Agreement serves the best interest of the child(ren) and is APPROVED and incorporated into the Court's order.
☐ FINDS this Agreement is APPROVED with modifications as stated on the record.
☐ FINDS 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: https://legislature.maine.gov/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
• 19-A M.R.S. § 1501 — Definitions: https://legislature.maine.gov/statutes/19-A/title19-Asec1501.html
• 19-A M.R.S. § 2001 — Support Definitions: https://legislature.maine.gov/statutes/19-A/title19-Asec2001.html
• Maine Rules for Guardians ad Litem: https://www.courts.maine.gov/rules/text/mr_gal_only_2022-03-31.pdf