Best Interest of the Child Standard in Maine Custody Cases

When a Maine family court magistrate decides where your child will live and who makes major decisions, they apply one test: the best interest of the child. It's codified in Title 19-A M.R.S. § 1653(3), and it governs every custody outcome in the state.

The problem is that "best interest" sounds subjective. Parents walking into a Case Management Conference often have no idea what the magistrate is actually weighing. Here's a concrete breakdown of the 19 statutory factors and how they play out in practice.

The 19 Factors Maine Courts Must Evaluate

The statute requires judges to consider all of the following — no single factor is automatically decisive:

Relationship quality. The court examines the child's existing bond with each parent, siblings, and other significant people in the child's life. A parent who handles bedtime routines, school pickups, and doctor visits daily has an evidentiary advantage over one who has been less involved — but this is about demonstrated involvement, not gender.

Cooperation capacity. Maine courts weigh each parent's willingness and ability to encourage a healthy relationship between the child and the other parent. Badmouthing your co-parent, restricting phone calls, or refusing to share school information works against you.

Stability of arrangements. The child's current adjustment to home, school, and community matters. Courts are reluctant to uproot a child from a stable environment without strong justification.

Child's preference. If the child is old enough to express a meaningful preference, the court will consider it — but it's never binding. Children around age 12 and older typically receive more weight, though judges stay alert to signs of parental coaching.

Domestic violence history. Any record of abuse, neglect, or domestic violence receives significant weight. Under § 1653(6), a finding of domestic abuse triggers mandatory safety conditions: supervised visitation, protected exchanges, substance testing, and completion of an intervention program.

Moral fitness and mental/physical health. The court considers whether either parent's health or conduct affects their ability to care for the child.

What Doesn't Matter

Gender. Maine law explicitly prohibits gender-based preferences. Courts cannot favor mothers over fathers or vice versa.

Marital fault. Adultery or other grounds for divorce don't factor into custody decisions unless they directly affected the child.

Income alone. Having a higher salary doesn't make you the better custodial parent. Child support exists to equalize the child's standard of living across both homes.

How to Prepare Your Case Around These Factors

The most effective thing you can do before your Case Management Conference is document your involvement. Keep records of school communications, medical appointments you've attended, extracurricular activities you've coordinated, and daily caregiving tasks you handle.

The Maine Child Custody & Parenting Plan Guide includes a best-interest self-assessment worksheet that walks through all 19 factors with specific prompts for gathering the evidence that matters most.

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