Legal Question in Family Law in Maine

Custody

My fiancee and I are in a custody case with her daughter's father. They have a standing custody agreement, but he is constantly in contempt of the order. He has changed the order to suit his needs as he sees fit, all the while claiming that this is legal. He claims that he has legal ground to do this, saying there is a precedent set in which the primary custodial parent can change the custody agreement at anytime if he feels to do so would be ''in the child's best interest''. Is there such a precedent? Who determines the child's best interest?


Asked on 1/28/08, 3:21 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Custody

Your fiancee's ex is simply wrong; the custodial parent may not unilaterally change the visitation pursuant to the underlying Order without modifying it through the court. By doing so, he is opening himself up to an action for contempt or enforcement.

If you would like to discuss this further, please do not hesitate to contact me.

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Answered on 1/28/08, 9:23 am


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