I’m in the process of putting together a team to look at what making Maine the next “presumptive equal care state” would look like.

Many states use a “best interests of the children” criteria, and divorcing or separating Maine parents are required to mediate custody before going to trial. Judges will be the first to insist they’re the last who should rule on complex family dynamics.

Judges and magistrates aren’t social workers, but in 2025 we have enough research from the behavioral health and social work fields to assert that children do in fact need meaningful contact with both parents.

A presumption of equal care would look like the courts automatically assuming that 50/50 care is in the best interest of the children, except for in the extreme cases of neglect or abuse.

I’ve spoken with a few justices and social workers who are interested in what a referendum like this would look like.

In the extreme cases where parental alienation is abused to punish one parent, it is the children who suffer. Parental alienation is not clinically diagnosable or something we should expect a court be prepared to recognize.

I’ve spoken with fathers in Maine who, after years of fighting to see their children, can no longer afford the fees or mental anguish and have simply given up. A core part of a child’s identity lost or broken, indefinitely. If you’re experiencing this vulnerable family court system, or parental alienation, firsthand, hold out for hope. More coming soon.

Nicholas Kierman
Brunswick