Maine Custody Relocation Laws: The 60-Mile Rule

Few custody situations create more conflict than one parent wanting to move. In Maine, a proposed relocation that would disrupt the existing parent-child contact schedule triggers specific legal requirements — and ignoring them can seriously damage your case.

The 60-Mile Threshold

Under Title 19-A § 1653(14), a parent who wants to move their residence more than 60 miles from their current home must provide written notice to the other parent. This rule applies whether you're moving across Maine or out of state.

The 60-mile threshold isn't about crossing state lines — it's about the practical impact on the parenting schedule. A move from Portland to Bangor (137 miles) disrupts a mid-week overnight arrangement just as effectively as a move from Kittery to Boston.

The 30-Day Written Notice Requirement

The relocating parent must give at least 30 days' written notice before the proposed move. The notice should include:

• The proposed new address
• The planned moving date
• The reason for the relocation
• A proposed revised parenting schedule that accounts for the new distance

This isn't a request for permission — it's a mandatory disclosure. But the notice gives the other parent the opportunity to object and file a Motion to Modify before the move happens.

What Happens When the Other Parent Objects

If the non-relocating parent files a Motion to Modify based on the proposed move, the court treats the relocation as a substantial change in circumstances — meeting the legal threshold for modifying the existing custody order.

The court then re-evaluates the entire arrangement under the best-interest standard, considering:

• The reason for the move (job opportunity, family support, new relationship)
• The impact on the child's relationship with the non-relocating parent
• Whether a modified schedule can preserve meaningful parent-child contact
• The child's ties to their current school and community
• The relocating parent's willingness to facilitate ongoing contact

Courts are generally skeptical of moves that appear designed to limit the other parent's involvement. A relocation for a documented job opportunity carries more weight than one with no clear purpose.

Moving Without Proper Notice

Relocating without providing the required 30-day notice — or moving before a pending motion is resolved — can result in serious consequences. The court may view the move as evidence that you're unwilling to cooperate or prioritize the child's relationship with both parents. In extreme cases, it can lead to a change in primary residence.

Practical Considerations

If you're the parent who wants to move, start by proposing a specific revised schedule that shows you've thought about maintaining the child's relationship with their other parent. Offer concrete solutions: extended summer time, alternating school breaks, video call schedules, transportation cost-sharing.

If your co-parent is the one moving, don't wait for the 30-day notice to expire before acting. Consult the court filing timeline and prepare your Motion to Modify promptly.

The Maine Child Custody & Parenting Plan Guide covers relocation procedures in detail, including a long-distance parenting plan template designed for families navigating a post-move schedule.

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