FAMILY LAW

When you are faced with important life decisions regarding family relationships, you should consider seeking the advice and assistance of Smith Law Offices.  We can help you understand the issues involved and craft the best possible outcome for the family-related concern you face, including:

• Divorce;
• Child Custody;
• Paternity; and,
• Other Support Issues.

Why You Should Hire Us
First, we’re great lawyers with an excellent track record in Family Law and other legal matters.  Secondly, we’re nice people, and that counts for a lot in handling legal family situations.  We won’t cause you unnecessary stress and make an already tough situation more difficult or expensive than it has to be.  We aren’t saying that we’ll be wimps or cowards when it comes to defending your interests.  What we are saying is that we believe you will

get the best outcome from a professional attorney who’s aggressive and stands up for your rights without being arrogant or confrontational.  Our experience tells us that this is the best approach.

FAQs

Do I need a lawyer to get a divorce?
No. You can manage the divorce legal process yourself and the Pine Tree Legal Assistance Web site offers great advice on how to do so.  You should consider this route if you and your spouse have agreed to the terms of the divorce and you feel you can fairly resolve all issues regarding property and children. 
 
However, if you are facing a contentious divorce where there are unresolved issues over property and / or children, you should consider calling Smith Law Offices.  
 
What is a legal divorce?
A divorce terminates a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else. It will also legally divide the couple's assets and debts, and determine the care and custody of their children. 
 
On what grounds can I get a divorce?
Most divorces in Maine are granted on the grounds of irreconcilable differences, in which one or both of the parties claim that the marriage is no longer salvageable.  If you want to get a divorce based on fault (such as physical or mental abuse, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease), you must prove your claim to the court.  This is why most people opt to file for divorce based upon irreconcilable differences even when one party is at fault because they don’t want to take the chance that the court won’t order their divorce.
 
When parents can't reach an agreement on custody what standards do courts use to decide with whom the children should live?
When parents cannot reach an agreement regarding child custody, most courts try to decide custody based upon an analysis of what arrangement is in the best interests of the child.  In making this decision, the mediators / courts will likely consider parental wishes, the mental and physical health of the parents, any history of domestic abuse, the child's age and attachment to the parent that has been the primary caretaker, and the child's wishes depending upon the age of the child and the motivation for the preference.
 
What impact should a child's age have on custody and visitation scheduling?
Development experts agree that children of different ages have different needs regarding visitation scheduling. Experts generally recommend the following schedules, which may need adjustment for parents with either outstanding or limited parenting skills.

When parents enter into a shared parenting arrangement, the Children's Right Council recommends the following custody schedule.

• Under 1 year. Part of each day with parent. 
• 1 to 2 years. Every other day with each parent. 
• 2 to 5 years. No more than two days without seeing a parent. 
• 5 to 9 years. Each parent takes alternate week with off-duty parent getting mid-week visitation. 
• Over 9. Alternate weeks.

Can I terminate visitation if I am not being paid the support I am owed?
No. Tempting as it may be to tie visitation to child support payments, they are separate considerations. Though lack of support can be financially devastating, it really is not in your child's best interests to make time with their other parent contingent on payment and doing so may subject you to legal difficulties if there is a court ordered visitation plan. Similarly, you may not stop paying child support if visitation is denied. If your child support is seriously behind, you should contact Smith Law Offices or your child support enforcement office.

How is child support determined?
In determining child support, Maine courts will consider at least some of the following:
The needs of the child;

• The relative abilities of the parents to pay support; and
• The standard of living the child would have had but for the divorce.
  

Can I get child support if I never married my child's father / mother?
Yes. Both of a child's biological parents owe that child a duty of financial support. You can work with Smith Law Offices and / or your child support enforcement office to obtain a support order. Don't be surprised if the person you name as the father initially contests paternity and asks for a DNA test. Once paternity has been established, a support order will be entered.

• Birth to 8 months: 2 or 3 weekly visits of 2 to 3 hours each.
• 9 to 12 months: 2 or 3 weekly visits of 4 to 8 hours each with one possible overnight weekend visit of 10 hours.
• 13 months to 3 years: 2 or 3 weekly visits of 6 to 8 hours each with one 24-hour weekly overnight weekend visit.
• 4 to 5 years: 2 or 3 weekly visits of 6 to 8 hours each with one 24 hour weekly overnight weekend visit and the beginning of vacation (three 2 day visits per year).
• 6 to 8 years: Every other weekend from Friday after school until Sunday night and one other weekday night (dinner and homework to be completed during the visit). Vacations of 3 consecutive weeks in the summer (during which other parent gets visitation) and other school vacations split equally. Allowances should be made in the schedule for "homesickness" that allows children to return to primary parent as needed during longer visitation times.
• 9 to 12 years: Every other weekend from Friday after school until Sunday night and one other weekday night (dinner and homework to be completed during the visit). Vacations of 3 consecutive weeks in the summer (during which other parent gets visitation) and other school vacations split equally.
• 13 to 17 years: Every other weekend from Friday after school until Sunday night and one other weekday night (dinner and homework to be completed during the visit). Vacations of 3 consecutive weeks in the summer (during which other parent gets visitation) and other school vacations split equally. Teenager should be consulted for modifications consistent with other activities.

Smith Law Offices, P.A. represents families facing difficult situations, such as divorce, separation, and child custody arrangements.  Our offices are located in Bangor and Portland Maine and we serve the Maine counties of Penobscot, Cumberland, Hancock, Piscataquis, Aroostook, and Washington.