Maine Custody Laws for Unmarried Parents

In Maine, unmarried parents have the same rights to seek custody — called parental rights and responsibilities — as married parents going through divorce. But there's a critical prerequisite for fathers: legal parentage must be established before the court can address parental rights and responsibilities.

Why Paternity Matters

When parents are married, Maine law generally presumes the spouse is the child's legal parent. For an unmarried father, legal parentage must be established before seeking a court order for parental rights and responsibilities. Without an established legal parent-child relationship, a father may not have a clear basis to seek court-ordered parent-child contact or child support.

This means that in a crisis — the mother moves to another state, refuses contact, or makes unilateral decisions about the child — an unmarried father without established parentage may not have a clear basis to seek a court order for parental rights and responsibilities or parent-child contact.

How to Establish Paternity in Maine

The common routes are:

Voluntary Acknowledgment of Parentage. Both parents sign a voluntary Acknowledgment of Parentage (AOP), which is filed with the State Registrar of Vital Statistics. Once filed, a valid acknowledgment is equivalent to a court adjudication of parentage and confers the rights and duties of a parent. A signatory may rescind it only by starting a court proceeding before the earlier of 60 days after its effective date or the first hearing in a proceeding about the child. After that rescission period, a signatory may challenge it only for fraud, duress, coercion, threat of harm, or material mistake of fact, and within two years after filing.

Court-ordered parentage. If the parents disagree, a parent or other authorized representative may ask the court for an order establishing parentage. For an unmarried-parent case, the filing uses the Complaint for Determination of Parentage, Parental Rights & Responsibilities, and Child Support (Form FM-006), and the court can order genetic testing. If testing confirms parentage, the court enters a parentage order.

Filing for Parental Rights as an Unmarried Parent

Once parentage is established, either parent can file a Complaint for Determination of Parentage, Parental Rights & Responsibilities, and Child Support (Form FM-006) with the District Court. The process mirrors a divorce custody case:

1. Complete the complaint and Child Support Affidavit (FM-050)
2. Purchase the official Family Matter Summons (FM-038) from the court clerk ($5 in person; $10 by mail)
3. Serve the other parent
4. File the original signed and notarized forms and proof of service within 20 days after completing service
5. Attend the Case Management Conference
6. Participate in CADRES mediation if issues are unresolved
7. Proceed to trial if mediation fails

The court applies the same best-interest standard and the same 19 statutory factors used in divorce cases. Being unmarried doesn't change the analytical framework.

What Unmarried Fathers Should Know

Signing the birth certificate isn't enough. Being listed on the birth certificate alone does not establish legal parental rights. You need a valid Acknowledgment of Parentage or a court order.

Don't wait for a crisis. If you're an involved father without legally established parentage, file to establish it now. Waiting until there's a dispute puts you in a reactive position without a clear basis to seek court-ordered contact.

Child support and custody are linked but separate. Establishing parentage can also result in a child-support order — and it gives you the right to seek parent-child contact. Courts generally won't deny contact solely because a parent owes back support.

Mothers can file too. If you're an unmarried mother and the father isn't contributing financially or refuses to cooperate on parenting decisions, filing for a formal custody and support order gives you enforceable legal protections.

The Maine Child Custody & Parenting Plan Guide covers the paternity and unmarried-parent filing process step by step, including the specific forms, timelines, and court expectations for establishing parental rights outside of marriage.

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