must consider factors (Maine) · Go Syfert
← Maine issues

must consider factors in Maine

7 Maine opinions name it 1 courts 1994–2019 0 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State v. Metzgergreen
me · 2010 · cited in 1 Maine opinions naming this issue, 2019–2019
2 sentences

2019See Metzger , 2010 ME 67 , ¶ 10, 999 A.2d 947 . [¶19] Two of the three foundational elements are not at issue here.

2019See Metzger , 2010 ME 67 , ¶ 10, 999 A.2d 947 . [¶19] Two of the three foundational elements are not at issue here.

11
In re C.P.green
me · 2016 · cited in 1 Maine opinions naming this issue, 2018–2018
2 sentences

2018In making that determination, the court must consider factors that are highly specific to a prospective permanency guardian by determining whether that person A. [h]as the ability to provide a safe home for the child; B. [h]as a close emotional bond with the child and whether the child has a close emotional bond with the prospective permanency guardian; C. [i]s willing and able to make an informed, long-term commitment to the child; D. [h]as the skills to care for the child; and E. [h]as submitted to having fingerprints taken for the purposes of a national criminal history record check. 22 M.R

2018In making that determination, the court must consider factors that are highly specific to a prospective permanency guardian by determining whether that person A. [h]as the ability to provide a safe home for the child; B. [h]as a close emotional bond with the child and whether the child has a close emotional bond with the prospective permanency guardian; C. [i]s willing and able to make an informed, long-term commitment to the child; D. [h]as the skills to care for the child; and E. [h]as submitted to having fingerprints taken for the purposes of a national criminal history record check. 22 M.R

11
Williams v. Williamsgreen
me · 1998 · cited in 1 Maine opinions naming this issue, 2006–2006
2 sentences

2006Fraser v. Boyer, 1998 ME 253, ¶ 10 , 722 A.2d 354, 356 ; Cloutier v. Lear, 1997 ME 35, ¶¶ 8-9 , 691 A.2d 660, 663-64 ; cf. Williams v. Williams, 1998 ME 32, ¶ 8 , 706 A.2d 1038, 1040 (holding that the court must consider the best interest factors when entering an order of parental rights and responsibilities).

2006Fraser v. Boyer, 1998 ME 253, ¶ 10 , 722 A.2d 354, 356 ; Cloutier v. Lear, 1997 ME 35, ¶¶ 8-9 , 691 A.2d 660, 663-64 ; cf. Williams v. Williams, 1998 ME 32, ¶ 8 , 706 A.2d 1038, 1040 (holding that the court must consider the best interest factors when entering an order of parental rights and responsibilities).

11
Chamberlin v. Chamberlingreen
me · 2001 · cited in 1 Maine opinions naming this issue, 2002–2002
1 sentence

2002See id. (stating that “[a] divorce court is required to consider the ‘economic circumstances of each spouse at the time the division of property is to become effective’ ”); Arey v. Arey, 651 A.2d 351, 353 (Me.1994) (stating that “the court must consider the factors set forth in 19 M.R.S.A. § 722-A [predecessor to 19-A M.R.S.A. § 953]....”).

11
Arey v. Areygreen
me · 1994 · cited in 1 Maine opinions naming this issue, 2002–2002
1 sentence

2002See id. (stating that “[a] divorce court is required to consider the ‘economic circumstances of each spouse at the time the division of property is to become effective’ ”); Arey v. Arey, 651 A.2d 351, 353 (Me.1994) (stating that “the court must consider the factors set forth in 19 M.R.S.A. § 722-A [predecessor to 19-A M.R.S.A. § 953]....”).

11
Axtell v. Axtellgreen
me · 1984 · cited in 1 Maine opinions naming this issue, 1994–1994
1 sentence

1994When dividing the marital property, the court must consider the factors set forth in 19 M.R.S.A § 722-A and may, within its discretion, consider all factors relevant to a particular divorce. § 722-A; Axtell v. Ax-tell, 482 A.2d 1261, 1263 (Me.1984) (“[B]e-cause the relation of marital property to the individual marital partners is unique, the court may consider other matters peculiar to the case under consideration in order to obtain a just result.”).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Robinson v. Robinsongreen
me · 1989 · cited in 1 Maine opinions naming this issue, 1994–1994
1 sentence

1994But see Robinson v. Robinson, 554 A.2d 1173, 1175 (Me.1989) (finding the lifestyle maintained during the course of the marriage is not a relevant factor for the court’s consideration).

11

Also cited on this issue (3)

CaseCitedYears
Sargent v. Braun green
me · 2006
2 sentences

2019When the District Court finds that there has been a substantial change in circumstances, “the court must consider the factors provided in 19-A M.R.S. § 1653(3) . . . to determine what, if any, modification of the existing order is in the child's best interest.” Sargent v. Braun, 2006 ME 96, ¶ 8 , 902 A.2d 839 .

2019When the District Court finds that there has been a substantial change in circumstances, “the court must consider the factors provided in 19-A M.R.S. § 1653(3) . . . to determine what, if any, modification of the existing order is in the child's best interest.” Sargent v. Braun, 2006 ME 96, ¶ 8 , 902 A.2d 839 .

22019–2019
Cloutier v. Lear green
me · 1997
2 sentences

2006Fraser v. Boyer, 1998 ME 253, ¶ 10 , 722 A.2d 354, 356 ; Cloutier v. Lear, 1997 ME 35, ¶¶ 8-9 , 691 A.2d 660, 663-64 ; cf. Williams v. Williams, 1998 ME 32, ¶ 8 , 706 A.2d 1038, 1040 (holding that the court must consider the best interest factors when entering an order of parental rights and responsibilities).

2006Fraser v. Boyer, 1998 ME 253, ¶ 10 , 722 A.2d 354, 356 ; Cloutier v. Lear, 1997 ME 35, ¶¶ 8-9 , 691 A.2d 660, 663-64 ; cf. Williams v. Williams, 1998 ME 32, ¶ 8 , 706 A.2d 1038, 1040 (holding that the court must consider the best interest factors when entering an order of parental rights and responsibilities).

12006–2006
Fraser v. Boyer green
me · 1998
2 sentences

2006Fraser v. Boyer, 1998 ME 253, ¶ 10 , 722 A.2d 354, 356 ; Cloutier v. Lear, 1997 ME 35, ¶¶ 8-9 , 691 A.2d 660, 663-64 ; cf. Williams v. Williams, 1998 ME 32, ¶ 8 , 706 A.2d 1038, 1040 (holding that the court must consider the best interest factors when entering an order of parental rights and responsibilities).

2006Fraser v. Boyer, 1998 ME 253, ¶ 10 , 722 A.2d 354, 356 ; Cloutier v. Lear, 1997 ME 35, ¶¶ 8-9 , 691 A.2d 660, 663-64 ; cf. Williams v. Williams, 1998 ME 32, ¶ 8 , 706 A.2d 1038, 1040 (holding that the court must consider the best interest factors when entering an order of parental rights and responsibilities).

12006–2006

Statutes the citing opinions construe

ME § Me. Rev. Stat. tit. 19-A, § 1653 (3) ME § Me. Rev. Stat. tit. 19-A, § 1657 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 68 (1991–2026) OH 65 (1990–2025) IL 54 (1983–2026) CT 49 (1990–2018) AL 45 (1992–2025) TN 22 (1997–2026) CA 22 (1970–2025) TX 18 (1981–2025) PA 18 (2005–2023) CO 17 (1962–2025) NJ 15 (1985–2026) VA 14 (1998–2025) KS 13 (1992–2024) OR 10 (2005–2025) MO 9 (1992–2003) LA 8 (1972–2021) FL 8 (1995–2011) WA 8 (2010–2023) ME 7 (1994–2019) MN 6 (1984–1987) ND 6 (1982–2024) WI 5 (1987–2025) MD 5 (1995–2025) ID 5 (2001–2024) DE 5 (1995–2026) VT 5 (1998–2026) MT 4 (2005–2024) IA 4 (2018–2020) MA 4 (1997–2020) GA 4 (2019–2020) AZ 4 (2009–2024) UT 3 (1995–2023) IN 3 (1992–2020) NC 3 (1980–2019) NM 3 (2023–2025) WV 3 (2010–2016) MI 3 (1951–2017) DC 2 (2009–2009) NV 2 (1999–2015) SD 2 (1980–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check