Legal Question in Family Law in Maine

Parental Rights

My ex has filed a parental rights and determination case against me regarding our 2 yr old son. I went ot Florida for school with our son and he convinced me to bring him back to Maine. I recieved a letter from an attorney he retained and I went back to Maine we I thought we lived together to see our son and talk to him. However he got a protection from abuse order on me and it was granted, fearing I was going to kidnap our son. I have visitation 2-4 Sun, Mon, and Wed while our son is in daycare and then 6 for 15 I get to talk to him. I have found a place to live in New England so I could be close to all this and fight for my rights but my ex won't budge for modifications so I can have more time with our son. Is there something I can file to have modifications since he said I don't deserve them yet, and he would let me know when I did. We have this order until Jan 8 2009 and I miss my little boy so much.


Asked on 10/11/08, 7:53 pm

1 Answer from Attorneys
Zachary Paakkonen West End Legal, LLC

Re: Parental Rights

If there is a final parental rights and responsibilities order, you can file a motion to modify, but that requires a substantial change in circumstances from the date of the final order to do so. You would have to show that something has changed since the date of the final order that would justify a change. If there is a final protection from abuse order, you may not be able to do anything until that order expires, but a lawyer would need to see a copy of that order to be sure.

Read more
Answered on 10/23/08, 8:40 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maine