How to Modify a Parenting Plan in Maine
Note: This guide is for general information only. It does not constitute legal advice. Every family’s situation is unique, and I encourage you to speak with a qualified attorney about your specific circumstances.
Your life will change a lot in the course of five or ten years, especially if you have young children. Odds are, your parenting plan will need to change over time. Whether you're dealing with a job relocation, a shift in your child's needs, or a change in your co-parent's schedule, Maine law provides a clear process for modifying an existing parenting plan. Understanding that process can save you time, money, and stress. I can help Maine parents navigate modifications outside of court by reaching durable, child-centered agreements that work for families. Here's what you need to know.
What Is a Parenting Plan?
A parenting plan is a court-approved agreement that outlines how parents will share time and decision-making responsibilities for their children after a separation or divorce. In Maine, parenting plans are governed by Title 19-A (see section 55 in particular) of the Maine Revised Statutes. A parenting plan typically addresses:
Physical residence: where the child lives and on what schedule
Parental rights and responsibilities: who makes decisions about education, healthcare, and activities
Holiday and vacation schedules
Communication protocols between parents and with the child
When Can a Parenting Plan Be Changed?
To get a court-ordered modification, a parent must generally demonstrate a substantial change in circumstances since the original order was entered. Courts then determine whether the proposed modification is in the best interests of the child, which is the central standard in all Maine custody matters.
Common qualifying circumstances include:
A parent relocating to a different city or state
A significant change in a parent's work schedule or living situation
A child's evolving needs, such as new educational, medical, or therapeutic requirements
Evidence that the current plan is no longer working in practice
A child's expressed preferences (primarily for older children and teenagers)
Concerns about a parent's health, safety, or stability
Two Paths to Modification
Path 1: Mutual Agreement (With or Without Mediation)
If both parents agree to new terms, the process is significantly simpler and faster. You can work together, ideally with the help of a neutral mediator, to draft a modified parenting plan. Once agreed upon, you submit the new plan to the court for approval. A judge will review it to confirm it serves the child's best interests, and if satisfied, will issue a new order.
This is where mediation shines. A skilled mediator can help two parents find common ground, avoiding litigation, while still producing a legally binding agreement.
Path 2: Filing a Motion with the Court
If parents cannot agree, either parent may file a Motion to Modify Parental Rights and Responsibilities with the Maine District Court that issued the original order. The filing parent must include a statement of the substantial change in circumstances justifying the request.
The court process generally involves:
Filing the motion and serving the other parent
A scheduling conference or hearing
Possible referral to mediation (Maine courts routinely require this before a contested hearing)
A final hearing if no agreement is reached
Note: In urgent situations, such as immediate safety concerns, a parent may request an emergency order, which can temporarily change custody arrangements while the full case is pending.
Why Mediation Is Often the Better Choice
Litigation is adversarial by nature, and when children are involved, that adversarial dynamic can cause real harm. Mediation offers a different model: a confidential, collaborative process where both parents retain control over the outcome.
Benefits of mediating a parenting plan modification:
Faster resolution, often weeks rather than months
Lower cost compared to contested court proceedings
Confidential process, no public record of your family's private details
Greater compliance, parents who craft their own agreements tend to honor them
Reduced conflict, better for children's long-term wellbeing
Flexible scheduling, sessions can be held in-person or remotely
Even when court involvement is ultimately necessary, mediation can narrow the issues in dispute, reducing the time and cost of any hearing.
Steps to Take Before Seeking a Modification
Before filing with a court or contacting a mediator, it helps to:
Document the change in circumstances by gathering records of communications, schedules, and any relevant events
Reflect on what arrangement would truly serve your child's best interests
Consider whether a conversation with the other parent is possible
Consult with a family law attorney about your legal rights and options
Research mediators with experience in Maine family law