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Allocation Judgments

The Maine Divorce Group > Divorce > Allocation Judgments

Allocation Judgments in Maine

One of the biggest and most impactful factors that needs to be determined when a couple divorces is who will have custody of the children and assume parental rights and responsibilities. It is quite common for spouses to get stuck on these issues. Not only does the outcome impact their life, but it can have a longstanding impact on the lives of their children. If you have children and are getting divorced, a lawyer from The Maine Divorce Group can help you draft a parenting plan that suits your needs and even help you negotiate with your soon to be ex-spouse.

What is Allocation Judgment?

For divorcing spouses with children, an allocation judgment is the judicial allocation of parental rights and responsibilities. Allocation judgments are the decision of the family court judge regarding issues such as custody, decision making, and child support. Many couples each draft a proposed parenting plan outlining their desires for how these issues should be worked out post-divorce. Their proposals are then sent to the overseeing judge. 

How are Parental Rights and Responsibilities Assigned in a Divorce?

Any parenting court order will be based on the best interest of the children. The safety and well-being of the child is the priority of the court, and they will act accordingly. This means the desires of either or both parents may not uphold the best interest of their children and, therefore, will not be considered. The best interests of the child are determined by multiple physical and psychological factors, including:

  • The age of the children
  • The relationship between the child and his or her parents or other influential individuals involved in the child’s life such as grandparents
  • The preference of the child, if the child is able to convey meaningful preferences or preferences not based on if one parent has a pool or gets them ice cream 
  • The constancy of any requested living arrangements for the child
  • The suitability of the child’s current living arrangements and their adjustment to their current home, school, and community
  • The parent’s incentive in taking care of the child
  • Each parent’s willingness and capability to allow contact between the child and other parents
  • If the parents can cooperate in childcare decisions and in effectively resolving disputes

Are Mothers Given Preference in Allocation Judgments?

Although it was common in the past, courts are not permitted to give preference to one parent over another based on either parent’s gender or the child’s age or gender. However, the court is required to look at certain situations, such as if a young child has a need to breastfeed or if an adolescent is more bonded to their father. Overall, the court will make decisions based on the physical and psychological health of the child. 

Get Help Preparing Your Parenting Plan From an Allocation Judgment Attorney

Having an allocation judgment that works in your favor and for your child begins with crafting a parenting plan that is realistic and legally sound. At The Maine Divorce Group, our well-versed attorneys understand how desperate parents may feel when it comes to the custody or financial provision of their children. We can help you have realistic expectations, determine your goals, and put them into a parenting plan to submit to the court. For a case consultation, contact us today.

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The attorneys at The Maine Divorce Group understand how emotional and complex the divorce process can be and we are here to help.
Call to speak with a member of our team today, who can discuss your case and set up a consultation with one of our attorneys.

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