Creating a Parenting Plan in Maine: 2026 Complete Guide to Parental Rights and Responsibilities

A parenting plan Maine courts will approve must address parental rights and responsibilities under 19-A M.R.S. § 1653, allocate decision-making, set a parenting time schedule, and serve the child's best interest. Maine charges a $120 divorce filing fee, imposes a 60-day waiting period after service, and requires 6 months of residency before filing.

Key Facts: Parenting Plans in Maine

What Is a Parenting Plan in Maine?

A parenting plan in Maine is the written agreement or court order defining parental rights and responsibilities under 19-A M.R.S. § 1653, including who makes major decisions, where the child lives, and the parenting time schedule. Maine law avoids the word "custody," instead using "parental rights and responsibilities." Every divorce or parentage case involving minor children requires this allocation before a judgment can enter.

Maine recognizes three structures for a custody agreement. Shared parental rights and responsibilities means both parents retain equal rights and confer on major decisions about the child's welfare. Allocated parental rights and responsibilities divides specific responsibilities — such as education, medical care, or primary physical residence — between parents, with each controlling assigned areas. Sole parental rights and responsibilities, awarded rarely, lets one parent decide without consulting the other. The standard court instrument is the FM-140 Schedule of Parental Rights and Responsibilities, which Maine District Courts attach to the divorce judgment. Roughly 90% of Maine cases resolve by agreement rather than contested trial, so a well-drafted co-parenting schedule that both parents sign typically becomes the binding order.

How Does the Court Decide a Parenting Plan?

Maine courts apply the best-interest-of-the-child standard under 19-A M.R.S. § 1653(3), treating the safety and well-being of the child as the primary consideration. Judges weigh roughly 19 statutory factors, including the child's age, the child's relationship with each parent, the child's preference if mature enough, and each parent's willingness to support contact with the other parent.

The statute lists specific enumerated factors a judge must consider when no agreement exists. These include the age of the child, the relationship of the child with each parent and others who affect the child's welfare, the child's stated preference if old enough to express a meaningful one, and the duration and adequacy of current living arrangements. The court also weighs each parent's capacity to encourage frequent and continuing contact between the child and the other parent, the capacity to cooperate in co-parenting, and any history of domestic abuse. For a child under one year old, the court considers whether the child is being breastfed. A parent's conviction for a sex offense, defined under Title 34-A, section 11203, is also a mandatory factor. Maine courts focus on the child's future needs, not past parental conduct, and judges are not required to make detailed findings on every factor — confirmed in Aranovitch v. Versel, 2015 ME 146.

What Should a Maine Parenting Plan Include?

A complete parenting plan Maine families use should specify decision-making authority, the child's primary residence, a detailed parenting time schedule, holiday and vacation divisions, the 30-day relocation notice required by 19-A M.R.S. § 1653(14), and a dispute-resolution method. Maine's FM-140 form prompts parents to address each category so the resulting order is enforceable and complete.

A durable custody agreement removes ambiguity that fuels future conflict. Strong Maine parenting plans address these core elements:

• Decision-making: who decides on education, non-emergency medical and dental care, religious upbringing, and extracurricular activities (shared, allocated, or sole).
• Primary physical residence: the home where the child spends most overnights, used for school enrollment and support calculations.
• Parenting time schedule: a specific co-parenting schedule covering weekdays, weekends, and overnights, such as a 2-2-3 rotation or alternating weeks.
• Holiday and school-break schedule: how birthdays, Thanksgiving, December holidays, and summer vacation alternate or split each year.
• Transportation and exchanges: who handles pickup and drop-off, and the exchange location and times.
• Communication: phone or video contact with the non-residential parent between visits.
• Relocation provision: the mandatory 30-day notice before moving the child's residence.
• Dispute resolution: mediation or a parenting coordinator under 19-A M.R.S. § 1659 before returning to court.

How Much Does It Cost to File in Maine?

The divorce filing fee in Maine is $120 as of March 2026, plus about $5 for the summons form (FM-038) and $25–$50 for sheriff service of process. Total upfront court costs for an uncontested filing with a parenting plan typically run $155–$185 before any attorney fees. Verify all amounts with your local District Court clerk.

Maine's $120 filing fee is among the lowest in the United States. Parents who cannot afford the fee may request a waiver using form CV-067 (Application to Proceed without Payment of Fees), supported by a financial affidavit on form CV-191. Waivers are generally available to applicants receiving TANF, SSI, or general assistance. A certified Abstract of Divorce Decree (form FM-171) costs about $10 if you need proof of the judgment later. These court costs are separate from professional fees: an uncontested divorce with an agreed parenting plan may cost $500–$1,500 in limited attorney involvement, while a contested custody dispute requiring a guardian ad litem, custody evaluation, and trial can exceed $15,000–$30,000. Mediation, often ordered before a contested hearing, typically costs far less than litigation and helps parents build their own co-parenting schedule.

What Is the Timeline for a Parenting Plan in Maine?

Maine imposes a mandatory 60-day waiting period from the date of service on the defendant before any divorce — including the parenting plan — can be finalized under state law. Uncontested cases with an agreed plan generally conclude in 3–6 months, while contested custody disputes commonly take 12–18 months because of court scheduling, mediation, and possible custody evaluations.

The 60-day clock starts when the defendant is served, not when the complaint is filed, and the court cannot enter judgment until it expires. Very few Maine divorces finish in exactly 60 days because of court backlogs and required steps. After filing, Maine courts typically order parents into mediation before any contested hearing on parental rights and responsibilities. If parents reach agreement in mediation, the signed parenting plan goes to the judge for approval, and a final hearing can often be scheduled shortly after the 60-day period ends. When parents cannot agree, the court may appoint a guardian ad litem to investigate and recommend a parenting time schedule, which adds months. Interim orders can govern parenting time while the case is pending, so children maintain a stable visitation schedule throughout the process.

How Does Relocation Affect a Maine Parenting Plan?

A parent who intends to move a child's residence must give the other parent at least 30 days' advance notice under 19-A M.R.S. § 1653(14), including the new address and phone number. Moving a child more than 60 miles from either parent's home is presumed to disrupt parent-child contact and qualifies as a substantial change in circumstances under 19-A M.R.S. § 1657.

Maine's relocation rules protect both parents' relationships with the child. Every parenting plan involving shared or allocated rights must contain a notice-of-relocation provision. The relocating parent provides actual notice at least 30 days before the move; if the move must happen sooner, notice must be given as soon as possible. If notifying the other parent would endanger the relocating parent or child — for example, in domestic-abuse situations — the relocating parent instead notifies the court, which arranges safe notice. Once the non-relocating parent receives notice, that parent may object in court or petition to modify the parenting plan. Because a move beyond 60 miles is presumed to disrupt the existing parenting time schedule, it frequently triggers a renewed best-interest analysis under § 1653 to decide whether the current co-parenting schedule should change.

Can a Maine Parenting Plan Be Modified?

A Maine parenting plan can be modified when the petitioning parent proves a substantial change in circumstances since the last order, under 19-A M.R.S. § 1657. Common qualifying changes include relocation, a parent's altered work schedule, safety concerns, or a child's evolving needs. The court re-applies the best-interest standard before changing any custody agreement.

Maine does not allow parents to rewrite a court-ordered parenting plan informally and expect enforcement; changes should be approved by the court. The petitioning parent files a motion to modify and must first clear the threshold of a substantial change in circumstances — a guardrail that prevents constant relitigation. Statutory examples of qualifying changes in § 1657 include relocation that disrupts parent-child contact and receipt of a relocation notice under § 1653(14). Once the threshold is met, the judge re-examines the § 1653 best-interest factors using current facts, because Maine custody decisions are forward-looking. If both parents agree to the change, they can submit a stipulated modified parenting plan that the court typically approves quickly, avoiding a contested hearing. A parenting coordinator under § 1659 may help interpret and implement an existing plan, but a coordinator cannot change the underlying court order.

Contested vs. Uncontested Parenting Plans in Maine

An uncontested parenting plan, where both parents agree on decision-making and the parenting time schedule, can finalize shortly after Maine's 60-day waiting period for roughly $500–$1,500 in legal costs. A contested plan requiring mediation, a guardian ad litem, and trial commonly takes 12–18 months and costs $15,000–$30,000 or more. Agreement is faster, cheaper, and gives parents control.