Custody

If your child was conceived due to nonconsensual removal of a condom or due to tampering with a condom, the judge must take into consideration the following factors when deciding whether to order parent-child contact for the offender:

• whether the nonconsensual removal of or tampering with a condom indicates that there may be safety concerns for the child;
• whether it would be in the best interest of the child for the parent who committed nonconsensual removal of or tampering with a condom to receive any specific counseling or treatment; and
• any effect contact between the parents would have on the parent who was a victim of nonconsensual removal of or tampering with a condom.¹

The judge will include conditions in the order that are appropriate to meet the child’s best interest while minimizing the effect on the parent who experienced nonconsensual removal of or tampering with a condom, such as limiting the contact between the victim and the offender, and limiting or putting specific conditions on parent-child contact, including supervision.¹

¹ M.R.S. 19-A § 1653(6-D)