How to modify child custody and parenting time in Maine

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Maine’s Title 19-A, sections 1653 (parental rights and responsibilities), 1655 and 1657 (modification or termination of orders), as published by the Maine Legislature’s Revisor of Statutes on legislature.maine.gov. Maine’s statutes say “parental rights and responsibilities” (shared, allocated or sole) and “parent-child contact” instead of custody and visitation. Read what we could not confirm below.

Maine divorce kit Child custody in Maine Modifying child support and spousal support in Maine After your divorce: changing a support or custody order

The short version

Maine’s statute says an order for parental rights and responsibilities may be modified or terminated “as circumstances require”, on the petition of one or both parents (19-A M.R.S. section 1657(1)). Section 1657(2) then names what counts as a substantial change in circumstances, and section 1653(3) sets the best-interest standard the court applies to the child’s residence and contact. In short, you need a change in circumstances that the court treats as substantial, and the court then decides what arrangement serves the child’s best interest. The statute lists specific changes, such as a parent moving the child out of state or a finding of family violence; it does not define the term in general. For changing child support instead, see modifying child support and spousal support in Maine.

Who can ask, and what counts as a substantial change

Who, 1657(1). The petition may come from one or both parents, or on motion of an agency or person who has been granted parental rights and responsibilities or contact with the child.
Relocating out of state, 1657(2)(A). The relocation, or intended relocation, of a child living in Maine to another state by a parent is a substantial change in circumstances when the other parent lives in Maine and there is an award of shared or allocated parental rights and responsibilities.
Disrupting contact, 1657(2)(A-1). A relocation that will disrupt the child’s contact with the parent who is not relocating is a substantial change if there is a shared or allocated award. Moving the child more than 60 miles from either parent’s residence is presumed to disrupt that contact.
Notice of a move, 1657(2)(A-2). Receiving the notice of an intended relocation required under section 1653(14) is itself a substantial change.
Family violence, 1657(2)(B). A court finding that domestic or family violence has occurred since the last determination of primary residence is a substantial change.
Jurisdiction, 1657(3). The court’s power to change an order is limited by the Uniform Child Custody Jurisdiction and Enforcement Act where another state may have jurisdiction.

How the court decides: the best-interest standard, section 1653(3)

Standard. The court applies “the standard of the best interest of the child”, and in decisions on residence and parent-child contact it considers as primary the safety and well-being of the child.
The factors. They include the child’s age; the child’s relationship with parents and other significant persons; the child’s preference if old enough to express a meaningful one; the duration and adequacy of the current living arrangements and the desirability of continuity; the stability of any proposed arrangement; the parties’ motivation and capacity to give love, affection and guidance; the child’s adjustment to home, school and community; each parent’s capacity to allow and encourage frequent and continuing contact with the other; each parent’s ability to cooperate in child care; methods for resolving disputes; the effect if one parent has sole authority; domestic abuse between the parents and how it affects the child; any history of child abuse; and other factors with a reasonable bearing on the child’s well-being.
More factors. The list also includes a parent’s prior willful misuse of the protection from abuse process (only if established by clear and convincing evidence), whether a child under one is breast-fed, a parent’s sex offense conviction, and the criminal or adjudicated history of a person living with a parent.
No gender preference, 1653(4). The court may not prefer one parent over the other because of the parent’s gender or the child’s age or gender.
Leaving the home, 1653(5). The court may not consider a parent’s departure from the family residence if the departing parent was physically harmed or seriously threatened with harm, or if the parent left by mutual agreement or at the other’s request.
Shared residence, 1653(2)(D). The order allocates shared, allocated or sole rights according to the child’s best interest. If either parent requests shared primary residential care and the court does not order it, the court must state why shared residential care is not in the child’s best interest.
Agreed shared rights, 1653(2)(A). When parents agree to shared parental rights and responsibilities, the court shall make that award “unless there is substantial evidence that it should not be ordered”.

If a parent plans to move: notice, section 1653(14)

Notice. The order must require notice of an intended relocation by a parent with shared or allocated rights. The parent must give the other parent notice at least 30 days before the move, or as soon as possible if the move must happen sooner.
Safety exception. If the relocating parent believes notifying the other parent will cause danger to that parent or the child, the parent notifies the court, which provides appropriate notice to the other parent in a manner meant to keep them safe.
Effect. Under 1657(2), receiving this notice is a substantial change in circumstances that lets the other parent seek a modification.

Conditions and mediation

Domestic abuse conditions, 1653(6). A court may award primary residence or contact to a parent who has committed domestic abuse only if contact is in the child’s best interest and adequate provision can be made for the safety of the child and the other parent. The court may order protected exchanges, supervision, intervention programs, abstention from alcohol or controlled substances, and other safety conditions.
Mediation, 1653(11). Before a contested hearing on initial or modified orders, the court shall refer the parties to mediation as provided in chapter 3.
Support in the same case. Modification of child support is governed by section 2009, not section 1657; see modifying child support and spousal support in Maine.

Forms and filing

Statewide form. We did not read a Maine court form for a motion to modify parental rights and responsibilities. Ask the clerk of the court that issued your order which form and fee apply.
Where to file. See child custody in Maine and ask the clerk about local rules and any required parenting class.

What we could not confirm

The general test. Section 1657(1) says orders may be modified “as circumstances require”, and section 1657(2) lists changes that “constitute a substantial change in circumstances”. We did not read any Maine Supreme Judicial Court decision, so we cannot say how courts treat changes not on the list, whether a substantial change must always be shown before best interests are reached, or how heavy the burden is.
Statute currency. The Revisor’s pages we read showed data extracted on 5 October 2026. Section 1653 shows amendments through 2023. We did not compare them with session laws or check for later changes.
Parts we skipped. We did not read section 1653 in full detail, including its provisions on child support (subsection 8), contempt (subsection 7), or sections 1501 (definitions), 1653-A, or the chapter 59 and chapter 3 provisions the statute refers to.
Forms, fees and procedure. We did not confirm a statewide form, filing fees, fee waivers, local rules or which court (District Court or Superior Court family division) hears a given modification.

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