By Jason M. Rice, Esq. | Dirigo Divorce | Springvale, Maine
Last Updated: June 2026 | 8-Minute Read
Whether you have been offered a new job in another state, want to move closer to family, or are starting a new chapter of your life, relocating after divorce when you share children is one of the most legally complex situations in Maine family law. A move that seems entirely reasonable from your perspective can have a profound impact on your co-parent’s relationship with your children — and Maine courts take that seriously.
This guide explains what Maine law requires when a parent wants to relocate with a child, how courts evaluate relocation requests, and what both relocating and non-relocating parents need to know to protect their rights.
Does Maine Law Restrict Where I Can Move With My Child?
If you have a custody order in place, you cannot simply pack up and move your child without following Maine’s legal process. Maine law requires parents who share parental rights and responsibilities to provide advance notice before relocating — and in many cases, to obtain either the other parent’s consent or court approval before the move takes place.
The specific requirements depend on the terms of your existing parenting plan and court order. Some orders include explicit relocation provisions that specify exactly what notice is required and what process must be followed. Others are silent on the issue, in which case Maine’s general statutory framework applies.
Maine’s Relocation Notice Requirement
Under Maine law, a parent who intends to relocate with a child must provide written notice to the other parent. The notice must be given at least 30 days before the proposed relocation — or as soon as reasonably possible if the relocation is due to circumstances that could not be anticipated that far in advance.
ity to object to the relocation. If they object, the relocating parent cannot move with the child until a court has authorized the relocation.
How Does a Maine Court Decide a Relocation Case?
If the parents cannot agree on relocation, a court hearing is required. Maine courts evaluate relocation requests under the best interests of the child standard — the same standard that governs all custody decisions.
There is no automatic presumption in favor of or against relocation in Maine. Courts look at the specific facts of each case and try to fashion an outcome that genuinely serves the child’s best interests — not simply the preferences of either parent.
What Happens to the Parenting Schedule if Relocation is Approved?
If a court approves the relocation, it will also modify the parenting schedule to reflect the new reality of the family’s geography. Common adjustments include:
- Extended blocks of parenting time for the non-relocating parent during school vacations and summer months
- More frequent but shorter visits when distance permits
- Virtual parenting time — video calls and other technology-assisted contact — to supplement in-person visits
- Provisions addressing who bears the cost of transportation for parenting time exchanges
The goal is to ensure that the non-relocating parent retains a meaningful relationship with the child, even if the day-to-day schedule necessarily changes.
What if the Other Parent Moves Without Permission?
If your co-parent relocates with your child without providing proper notice or obtaining court approval, that is a serious violation of the existing custody order. You should contact an attorney immediately. Remedies available to you may include:
- An emergency motion asking the court to order the child returned
- A contempt motion seeking sanctions against the relocating parent
- A modification of custody in your favor based on the other parent’s willful disregard of the court’s order
Courts view unauthorized relocations very unfavorably. Acting quickly and through proper legal channels is essential.
Tips for the Relocating Parent
If you are the parent who wants to move, here are the most important things to keep in mind:
- Give proper written notice as early as possible — do not spring the news at the last minute
- Approach the other parent with a genuine proposed parenting plan that addresses their concerns about maintaining their relationship with the child
- Be prepared to demonstrate that the relocation is for legitimate reasons and is genuinely in the child’s best interest — not just yours
- Consider mediation before going to court — a negotiated relocation agreement is almost always better for everyone than a litigated one
- Consult an attorney before you commit to any moving plans, sign any leases, or give notice at your job
Tips for the Non-Relocating Parent
If your co-parent has given you notice of an intended relocation and you object, here is what to do:
- Respond in writing promptly — do not ignore the notice
- Contact an attorney immediately to understand your rights and the timeline for objecting
- Document your involvement in the child’s life — school pickups, medical appointments, extracurricular activities — to demonstrate the depth of your relationship
- Be prepared to propose a specific alternative to the relocation or a revised parenting plan if the relocation is approved
- Stay focused on the child’s best interests in all communications — courts notice when a parent’s objection appears to be more about controlling the other parent than protecting the child
Frequently Asked Questions About Child Relocation in Maine
Can I move to a different city in Maine without court approval?
A move within Maine that significantly impacts the existing parenting schedule may still require notice and potentially court approval depending on the terms of your order. If your move would materially affect the other parent’s ability to exercise their parenting time, you should consult an attorney before proceeding.
What if I need to move quickly due to domestic abuse?
Maine law recognizes that victims of domestic abuse may need to relocate quickly for safety reasons. If you are fleeing domestic abuse, emergency legal remedies are available. Contact an attorney and, if necessary, law enforcement immediately. Your safety and your children’s safety come first.
How long does a relocation case take in Maine?
Contested relocation cases can take several months to resolve, depending on court scheduling and case complexity. If a relocation is imminent and contested, emergency motions may be available to address the situation on a faster timeline. This is another reason why early consultation with an attorney is essential.
Planning a Move? Talk to Us First.
Relocation cases are among the most time-sensitive and emotionally charged matters in family law. Whether you are the parent who wants to move or the parent trying to protect your relationship with your child, Dirigo Divorce has the experience to guide you through the process.
We serve clients throughout Androscoggin County, Cumberland County, and York County and southern Maine, including Springvale, Sanford, Kennebunk, Kittery, Biddeford, Saco, the Berwicks, and surrounding communities. We are also licensed in New Hampshire and serve clients across the Seacoast region.
Call us at (207) 200-3231 or visit dirigo-divorce.com to schedule your consultation today.