Legal Question in Family Law in Maine

Re: child custody

That's an excellent question. The answer will depend on the specific language of the order granting guardianship. If, in fact, it gives you equal rights with respect for the children then she probably can't relocate the children unilaterally. It really depends on the nature of the relationship.

If, for example, the order was crafted in such a way as to set forth that the children would reside primarily with your ex and that you would have some kind of visitation (in addition to equal rights & responsibilities with respect to decision-making), it's possible that she could relocate, but she would have to give you advance notice and an opportunity to challenge the relocation.

Generally speaking, when there are relocation contests, the Courts are directed to look at the best interests of the children. The court can prevent relocation of the children's primary residence if such a move would not be in their best interests.

If you would like to talk about this in more detail, please do not hesitate to contact us.