What does the phrase "parental rights and responsibilities mean" under Maine law?
The phrase "parental rights and responsibilities" takes the place of the word and concept of "custody" as the court's principal focus in determining issues for the co-parenting of minor children.

The concept of parental rights and responsibilities recognizes that a court needs to consider every aspect of the child rearing process and not simply physical custody or residence of the child. Maine recognizes three types of awards of parental rights and responsibilities: shared rights and responsibilities, sole rights and responsibilities and allocated rights and responsibilities. These terms are defined by statute.

What is meant by allocated parental rights and responsibilities?
Allocated parental rights and responsibilities means that the responsibilities for the various aspects of a child's welfare are divided between the parents, with the parent allocated a particular responsibility and having the right to control that aspect of the child's welfare. Each right and responsibility may be divided between parents exclusively or proportionally. Examples of responsibilities that may be divided between parents include the primary physical residence, parent-child contact, support, education, medical and dental care, religious upbringing, and travel boundaries and expenses. A parent allocated a particular responsibility may be required to inform the other parent of major changes in that aspect of the child's life.

What is meant by sole parental rights and responsibilities?
Sole parental rights and responsibilities means that one parent is granted exclusive parental rights and responsibilities with respect to all aspects of a child's welfare, with the possible exception of the right and responsibility for child support. An award of sole parental rights and responsibilities is much the same as an award of sole custody in other jurisdictions.

What is meant by shared parental rights and responsibilities?
Shared parental rights and responsibilities means that most or all aspects of a child's welfare remain the joint responsibility and right of both parents, so that both parents retain equal parenting rights and responsibilities, and both parents must confer and make joint decisions regarding the child's welfare. Parents who share parental rights and responsibilities are expected to keep one another informed of any major changes effecting the child's welfare and are required to consult in advance to the extent practicable on decisions related to the child's welfare. An award of shared parental rights and responsibilities may include either an allocation of the child's primary residence to one parent and rights of parental contact to the other parent, or the award may order a sharing of the child's primary residential care by both parents.

What standard does the court use to determine how to assign parental rights and responsibilities?
The court is obligated to apply the standard of the "best interests of the child." This means that the court shall, above all else, consider the safety and well being of the child in fashioning the parental rights and responsibilities order. This means that a court is looking at the impact of the order on the child, and not necessarily the preferences or desires of the parent. Title 19-A M.R.S.A. § 1653(3) includes a long list of the specific factors that a court must consider when determining the best interest of the child.

Does Maine law prefer mothers to fathers in determining where children, especially small children, should live?
Under Maine law, a court may not apply a preference for one parent over the other in determining parental rights and responsibilities because of the parent's gender or the child's age or gender. 19-A M.R.S.A. § 1653(4).

If I leave the family residence, am I less likely to get a favorable award of parental rights and responsibilities?
The court may not consider departure from the family residence as a factor in determining parental rights and responsibilities when the departing parent has been physically harmed or seriously threatened with physical harm by the other parent and the harm or threat of harm was the reason for the departure. The Court may also not consider departure from the family residence as a factor in determining parental rights and responsibilities when one parent has left the family residence by mutual agreement or at the request or insistence of the other parent. If, however, one parent leaves under circumstances not protected by the statute, a court may consider this departure, and the reasons behind the departure, in determining an appropriate award for parental rights and responsibilities.

What are the consequences if one parent violates an order concerning parental rights and responsibilities?
If one parent is in violation of an order, the other parent may petition the court for a hearing on the issue of non-compliance with the order. If the court finds that a party has violated a part of the order, the court may find a parent in contempt and may fashion an appropriate remedy, which could include a forfeiture of at least $100, additional visitation being provided for a parent who was wrongfully denied visitation, and a more specific visitation schedule between the parent and the children.

If there is no order determining parental rights and responsibilities in effect, which parent has the rights to the child?
If there is no outstanding court order, the father and the mother are the joint natural guardians of the minor child and are jointly entitled to the care, custody and control of their children. Neither parent has rights superior to the other. 19-A M.R.S.A. § 1651.