Divorce, CustodyMy husband filed for divorce. Because he cheated on me, I have a better chance of getting the kids, don’t I??

No, you don’t!

The judge’s decision about where the children should live depends on what’s in the best interests of the children, not on which parent broke up the marriage.

A divorce in Maine is usually based on irreconcilible differences. Fault is not an issue.

When it comes to the children, the court’s concern is the safety and well-being of the children, not what’s best for the parents.

The court may order that the children live primarily with one parent or the other, or the court may award shared residence (formerly “custody”), so that the children spend equal time with both parents.

In making decisions about the children, the court considers, among other things, the age of the children, their relationshp with their parents, continuity of the children’s living arrangements, each parent’s capacity to cooperate and solve disputes with the other regarding the children and each parent’s ability to encourage the children to spend time with the other parent.

The court will also take into account any history of domestic abuse in the marriage, because the Legislature has concluded that abuse between parents is particularly bad for children in the household.

At the same time, if one parent has willfully misused the protection from abuse procedure in order to gain a tactical advantage in a custody case, then that action may be held against that parent in determining where the children should live.

Although people commonly assume that the wife will get the children in a divorce, the law clearly states that no preference will be given to one party or the other because of gender.

Remember, you do not have any advantage over your spouse in obtaining primary residence of your children just because your spouse cheated on you.

It’s the law!

Mills, Shay, Lexier & Talbot Areas of Practice

Automobile and Motorcycle Accidents Personal Injury Cases
Wrongful Death Cases Divorce and Custody Disputes
Drug Offenses and All Criminal Matters Parental Rights
Elder Law and Probate / Estate Planning Construction Contracts
Discrimination Claims Workers’ Compensation
Drunk Driving Real Estate
Social Security Disability Malpractice Cases

Contact Info

Map Skowhegan OfficePhone: 207.474.3324
Fax: 207.474.3609
PO Box 9
263 Water Street
Skowhegan, ME
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