| State of Maine | |
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| District Court | |
| Location: Cumberland | |
| Docket #_______________________ | |
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| This agreement between P_____ and D______ is: | |
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| PARENTAL RIGHTS AND RESPONSIBILITIES - In determining parental rights and responsibilities, the standard of the best interest of the child must apply. 19 - A M.R.S.A. 1653 (3). The factors to be considered in determining the best interest of a child are contained in 19 - A M.R.S.A. 1653 (3). | |
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| 1 19 - A M.R.S.A. 1653(3) provides in pertinent
part: The court in making an award of parental rights and responsibilities with respect to a minor child, shall apply the standard of the best interest of the child. In applying this standard, the court shall consider the following factors: (A). The age of the child; (B). The relationship of the child with the child’s parents and any other persons who may significantly affect the child’s welfare; (C). The preference of the child, if old enough to express a meaningful preference; (D). The duration and adequacy of the child’s living arrangements and the desirability of maintaining continuity; (E). The stability of any proposed living arrangements for the child; (F). The motivation of the parties involved and their capacities to give the child love, affection, and guidance; (G). The child’s adjustment to the present home, school, and community; (H). The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access; (I). The capacity of each parent to cooperate to learn to cooperate in child care; (J). Methods for assisting parental cooperation and resolving disputes and each parent’s willingness to use those methods; (K). The effect on the child if one parent has the sole authority over the child’s upbringing; (L). The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects: (1). The child emotionally; and (2) The safety of the child. (M). The existence of any history of child abuse by a parent; (N) All other factors having a reasonable bearing on the physical and psychological well-being of the child; and (O). A parent’s prior willful misuse of the protection of abuse process…in order to gain a tactical advantage in a proceeding involving the determination of parental rights and responsibilities of a minor child… |
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| P_____ and D_____ both agree that each one is entitled to the parental rights and responsibilities of C______ Under Maine Law, "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 parental rights and responsibitlies, and both parents confer and make joint decisions regarding the child’s welfare. Matters pertaining to the child’s welfare include, but not limited to, education, religious upbringing, medical and dental health care, travel arrangements, child care arrangements and residence. Parents who share parental rights and responsibilities shall keep one another informed of any major changes affecting the child’s welfare and shall consult in advance to the extent practicable on decisions relating to the child’s welfare. | |
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