The Basics of Child Custody in Maine
Maine has two categories that determine the type of custody each parent is granted - legal custody and physical custody. Legal custody is the authority to make important decision on behalf of the child saw relating to their education, religious upbringing and healthcare. Physical custody, on the other hand, determines which parent the child will live with.
There are two types of physical custody, sole and shared, which are decided based on both the parents' and the child's well-being. Sole custody is granted to one parent when the other parent is found not to be in the child's best interest. Shared custody is usually granted when the parents are suitable to care for the child, and both parents want to be a part of the child's life.
Child custody laws in Maine also consider the child's best interest, including their health, safety, welfare, and their relationship with the parents. The court focuses on providing the child with a stable home environment and a relatively stable living situation.
Factors Considered in Child Custody Disputes
While each case is evaluated based on the child's best interest, there are several factors the court takes into account to determine the appropriate type of custody for each case.
Firstly, parental fitness is evaluated to ensure that they have the skillset necessary to be able to parent their child. This includes consideration of the parent's past crimes, alcohol and drug abuse, mental health issues, and child abuse.
Secondly, each child's needs and wishes are considered, taking into account their age and maturity level. The court may also consult the child's guardians and other family members to gather comprehensive information about the child's overall experience, and to reduce stress on a family member's custody arrangements that may be considered suboptimal.
Lastly, the court takes into account the parents’ conflicts and the likelihood of those conflicts creating a positive environment where the child can grow intellectually and emotionally. Maine courts aim to provide the child with a secure home environment, therefore, if they find that the parents' behavior during separation may negatively affect the child, they may consider giving custody to the more stable parent.
How a Skilled Lawyer Can Help with Child Custody Disputes
Navigating child custody disputes can be quite overwhelming for family members, and this is where a skilled lawyer can help. Family law attorneys specialize in child custody cases, so they have the knowledge and experience to guide families through the legal system, from initial disputes that arise from custody handles’ parents or guardians, to preparing and evaluating custody agreements.
A skilled lawyer will explain all of your legal options, along with the pros and cons of each option. They can also provide relevant legal advice that will help each parent or guardian make informed decisions.
Aside from providing legal advice about the processes, procedures, and legalities of child custody, lawyers can also assist in the negotiation of a custody agreement that both parties can agree on. Lawyers recognize when it's best to negotiate, when it's best to dispute custody in court, and when it's best to compromise or mediate a custody arrangement.
Another critical role a skilled lawyer can perform is representing the client in court. If the case is complicated or hostile, a family law attorney can serve as an advocate in court, fighting for the client and ensuring they receive the best possible outcome.
Conclusion
Navigating child custody disputes can be very daunting on families, but it's essential that the welfare of children is put first. Maine will always prioritize the best interest of the child over all parties, and there are laws and regulations in place to ensure this.
When facing custody disputes issues, it's crucial to have a skilled lawyer by a parent's or guardian's side to prepare, negotiate and even litigate if necessary. Family law attorneys have experience dealing with child custody cases, and they have a good understanding of the legal system and the factors that could affect the custody situation. Therefore, hiring a skilled lawyer can make all the difference when navigating child custody laws in Maine.
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