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[ME] Can I seek full custody of an infant if the child’s mother is unstable?

ME Family

I have a 3-month-old son and need to know how to get full custody.

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Charlie
Charlie

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Based on what you shared, you’re in a strong position. You can file a Petition for Parental Rights and Responsibilities in Maine and request primary physical custody (19-A M.R.S. § 1653). You may also request an emergency hearing due to the mother’s instability and self-harm threats. Gather evidence like text messages, proof of sobriety, and documentation of your stable home. The court’s focus will be on the child’s best interests (19-A M.R.S. § 1653(3)). Let me know if you need clarification.

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I have a 3-month-old son and need to know how to get full custody.

Lexi

Lexi, Chatbot

Do you currently have any custody arrangement in place?

No. His mother says I can only see him if I pay her $100 a week, and then she makes me bring him back after a few hours.

Lexi

Lexi, Chatbot

Have you had any prior court involvement regarding custody?

I have three other kids with someone else. Years ago I gave up parental rights when I was just out of jail and using drugs. I’ve been clean for over 3 years now.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know?

The mother is unstable, and I’m worried about my son’s safety.

Charlie

Charlie

I’m Charlie, a licensed attorney. What state do you live in?

Maine.

Charlie

Charlie

Are you married to the child’s mother?

No.

Charlie

Charlie

Are you listed on the birth certificate?

Yes.

Charlie

Charlie

Is there a child support order?

No. She won’t agree to anything and demands money to let me see him.

Charlie

Charlie

Has anyone filed for custody yet?

She gave me papers but then said she didn’t want to go to court.

Charlie

Charlie

Has she filed them?

No, she wanted me to sign first. She texts me about wanting to die and cutting herself.

Charlie

Charlie

Is this her only child?

No. She lost custody of her first child.

Charlie

Charlie

When did you last see your son?

Sunday. He looked okay, just had rashes.

Charlie

Charlie

Anything else you want the court to know?

I’m afraid she’ll use my past addiction against me, but I’ve been clean 3+ years, have my own place, and I’m back in my other kids’ lives.

Charlie

Charlie

Based on what you shared, you’re in a strong position. You can file a Petition for Parental Rights and Responsibilities in Maine and request primary physical custody (19-A M.R.S. § 1653). You may also request an emergency hearing due to the mother’s instability and self-harm threats. Gather evidence like text messages, proof of sobriety, and documentation of your stable home. The court’s focus will be on the child’s best interests (19-A M.R.S. § 1653(3)). Let me know if you need clarification.

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