Domiciliary Custody: Once a joint custody has been declared, then usually one parent is named the "domiciliary" parent and that is where the child actually lives. The other parent who is the non-domiciliary parent is still a joint custodian and has complete and unfettered access to medical records, school records, and must be recognized and included by the domiciliary parent in decision-making.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Illinois Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away is a legal document that outlines the terms and conditions regarding child custody and the potentially contentious issue of relocation. In Illinois, there are primarily two types of Marital Settlement Agreements that deal with this specific matter: Sole Custody Agreement with Relocation Clause and Joint Custody Agreement with Relocation Clause. A Sole Custody Agreement with Relocation Clause is applicable when one parent is awarded sole physical and legal custody of the child or children involved in the divorce. This agreement provides a clear framework for the custodial parent to relocate with the child, detailing the necessary requirements and procedures that must be followed. The agreement may outline factors that should be considered, such as proximity to the noncustodial parent, the child's educational needs, the child's relationship with each parent, and the potential impact of relocation on the child. On the other hand, a Joint Custody Agreement with Relocation Clause is relevant when both parents are granted joint physical and legal custody of the child or children. This agreement aims to establish a framework that respects both parents' roles while addressing the issue of relocation. It typically outlines procedures that must be followed if either parent wishes to relocate with the child, stressing the importance of communication and obtaining consent from the other parent. Furthermore, this agreement may define specific geographic restrictions and guidelines regarding how decisions related to relocating should be made. When drafting the Illinois Marital Settlement Agreement, it is vital to include provisions that protect the child's best interests. The agreement should address various aspects, such as visitation schedules, transportation arrangements, the division of travel expenses, and the communication between the child and the noncustodial parent. Additionally, provisions for seeking legal remedies or modifications to the agreement in case of disputes or significant changes should also be included. Keywords: Illinois, Marital Settlement Agreement, Domiciliary Custody, Moving Away, Relocation Clause, Child Custody, Sole Custody Agreement with Relocation Clause, Joint Custody Agreement with Relocation Clause, legal document, child's best interests, provisions, visitation schedules, transportation arrangements, travel expenses, communication, modifications, legal remedies.
