Legal Question in Family Law in Maine

Child and divorce

I'm currently in the process of a divorce. My soon-to-be-ex plans on moving out of state after the divorce is final, can he legally take our child with him?


Asked on 12/26/08, 11:31 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Child and divorce

The answer really depends on the final judgment. In Maine, the divorce judgment will provide language that if either party intends to relocate the residence of the minor child, they must provide the other party with 30 days written notice.

The purpose of this notice requirement is to give the non-moving party an opportunity to challenge the relocation of the child. If the non-moving party objects to the child's relocation, they can file a Motion to Modify the divorce judgment.

From your query, it sounds as if you expect your ex to end up with primary residence of your child. Cases like this are very fact-specific. Depending on the facts, you may be able to reverse primary residence of the child in the even he moves.

If you have any questions, please do not hesitate to contact me.

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Answered on 1/02/09, 4:04 pm


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