MAINE

NPO AFFILIATE | ME

STATE CHAIR: Calder Gill

POSITIVES:

  • Maine's PTA appropriately takes into account the effect of the PTA on both parents' households

  • Maine's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

  • Maine's PTA has an extraordinarily and unjustifiably high threshold of 168 days.

  • Maine's PTA has an extremely large discontinuity (or discontinuities), creating an extremely large cliff effect or multiple cliff effects.

  • Maine's PTA significantly overestimates the fixed, duplicated costs involved in shared parenting.

2019 NPO Shared Parenting Report Card

WHY DID MAINE RECEIVE A C?

POSITIVES:

  • Maine statutes declare: “The Legislature finds and declares that, except when a court determines that the best interest of a child would not be served, it is the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.” ME. REV. STAT. TIT. 19-A § 1653

  • Maine mandates that courts consider a “friendly parent” factor. One factor in determining whether custodial arrangements are in the best interest of a child is, “[t]he capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access.” ME. REV. STAT. TIT. 19-A § 1653

  • Maine statute provides for the appointment of “parenting coordinators” to resolve conflicts between parents. ME.REV.STAT.Tit.19-A 1658

  • Maine statutes treat false allegations of abuse as a factor in custody decisions. ME. REV. STAT. TIT. 19-A § 1653.3.O.

NEGATIVES: 

  • Maine has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.

  • Maine statutes do not explicitly provide for shared parenting during temporary orders.