Maine Sole Parental Rights and Responsibilities Agreement

AGREEMENT FOR SOLE PARENTAL RIGHTS AND RESPONSIBILITIES

State of Maine — District Court, Family Division

Maine Terminology Note: Maine abolished the term "custody" in 1995. What other states call "sole custody" is known in Maine as sole parental rights and responsibilities under 19-A M.R.S. § 1653(2)(C). The parent with sole parental rights and responsibilities has exclusive authority over all major decisions. The other parent retains the right to parent-child contact (what other states call "visitation") unless restricted by the court.

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 shall have parent-child contact rights as set forth herein ("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

Pursuant to 19-A M.R.S. § 1653(2)(C), the Primary Parent shall have sole parental rights and responsibilities for the child(ren), including exclusive authority to make all 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

Although the Primary Parent holds sole decision-making authority, the Contact Parent retains the right to:

• 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

Maine uses "parent-child contact" rather than "visitation." The Contact Parent shall have contact with the child(ren) as follows:

Section 3.01 — Type of Contact (select one)

☐ 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)

The Primary Parent shall facilitate reasonable telephone and video contact between the Contact Parent and child(ren):

• 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 agree that supervised contact may be reviewed and potentially modified to unsupervised contact upon:
☐ 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 following a hearing or agreement of both parties
☐ 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) within the State of Maine upon providing at least 30 days' advance written notice to the Contact Parent, as required by 19-A M.R.S. § 1653(14). The notice shall 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

Relocation of the child(ren) outside the State of Maine requires either:
☐ The written consent of the Contact Parent; or
☐ Court approval following a hearing, with the Primary Parent bearing the burden of demonstrating that the relocation serves the child(ren)'s best interest under 19-A M.R.S. § 1653(3).

Section 4.03 — Sixty-Mile Presumption

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.

Section 4.04 — Safety Exception

If the Primary Parent has reasonable safety concerns about providing direct relocation notice to the Contact Parent, the Primary Parent shall notify the court, which shall provide appropriate notice to the Contact Parent in a manner that protects the safety of the Primary Parent and child(ren). See 19-A M.R.S. § 1653(14).

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

The Primary Parent shall actively encourage and support the child(ren)'s relationship with the Contact Parent and shall not interfere with scheduled parent-child 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 remove the child(ren) from the State of Maine without either (a) the other parent's written consent, or (b) court authorization, except as permitted by the parent-child contact schedule for previously disclosed travel.

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 — Maine Domestic Violence Presumption

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 abusive parent shall complete a Maine Certified Batterer Intervention Program before any unsupervised contact
☐ 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 abusive parent shall pay all costs of supervised contact and protected exchanges
☐ 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(10), the court shall refer the parties to mediation before any contested hearing on parental rights and responsibilities.

1. Before filing any motion to modify or enforce this Agreement, the parents shall participate in mediation through the court's mediation program or a mutually agreed-upon private mediator.
2. Exception: Mediation is not required in cases involving domestic violence where mediation would compromise the safety of a party. The court may waive mediation upon a showing of good cause.

Section 7.02 — Guardian ad Litem

Under 19-A M.R.S. § 1507, the court may appoint a Guardian ad Litem (GAL) to investigate and make recommendations regarding the child(ren)'s best interests. In cases involving domestic abuse allegations, the court may appoint only GALs with training in domestic abuse dynamics, the effects of abuse on children, and post-separation safety assessment.

☐ 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. 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).

Section 7.04 — Emergency Relief

Either parent may seek emergency relief from the court at any time when the child(ren)'s immediate safety or welfare is at risk, without first exhausting mediation.

ARTICLE VIII — FINANCIAL PROVISIONS

Section 8.01 — Health Insurance

☐ Primary Parent ☐ Contact Parent shall maintain health, dental, and vision insurance for the child(ren).

Section 8.02 — Uninsured Medical Expenses

Uninsured and unreimbursed medical expenses shall be divided:
☐ Primary Parent [____]% / Contact Parent [____]%
☐ Primary Parent pays 100%
☐ Other: [________________________________]

Section 8.03 — Child Support

Child support is governed by 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: [________________________________]

ARTICLE IX — MODIFICATION

Section 9.01 — 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. Substantial changes include but are not limited to:

• Relocation more than 60 miles from either parent's residence
• Out-of-state relocation when shared/allocated parental rights exist
• Domestic or family violence since the last determination
• Material change in either parent's fitness or circumstances

Section 9.02 — Two-Year Restriction

Within two years of the initial order, modification is permitted only if failure to modify 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 — Petition to Convert to Shared Rights

Either parent may petition the court to convert sole parental rights and responsibilities to shared parental rights and responsibilities upon demonstrating a substantial change in circumstances and that shared rights would serve the child(ren)'s best interest.

ARTICLE X — GENERAL PROVISIONS

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

Severability. If any provision is unenforceable, the remaining provisions remain in full force.

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

Counterparts. This Agreement may be executed in counterparts and by electronic signature.

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: [__/__/____]

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: 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
• WomensLaw.org — Maine Custody: https://www.womenslaw.org/laws/me/custody/all
• Pine Tree Legal Assistance — Maine PR&R Forms: https://www.ptla.org/parental-rights-and-responsibilities-maine-court-forms