Legal Question in Family Law in Maine

Re: custody of minor children

Yes, a method does exist to challenge the change in the children's residence. Your divorce order should contain specific language requiring your ex-spouse to notify you if she intends to change the children's residence. It sounds like that is what has transpired. You may petition the court to modify the primary residence of the children to keep them in Maine. The motion would need to be filed and served upon your ex as soon as possible. You should further request an expedited hearing.

You cannot prevent your ex-spouse from moving, but, depending on the circumstances, you may be able to prevent the children from leaving. Whether or not the court will grant your request will depend on many factors such as the distance the mother intends to move, where you live in relation to their present residence (for example, if you lived on the other end of the state your argument and having the children reside with you would, in effect, result in as great a move, your argument would obviously be weaker), your living arrangements and ability to become the custodial parent, and a host of other facts, including whether or not the move will effectively sever the father-child relationship.

The Court is guided by "the best interests of the children." It will have to decide what is best for them in relation to where they will reside.

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