Illinois Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away

State:
Multi-State
Control #:
US-02755BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away
  • Preview Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away

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FAQ

In Illinois, the court cannot order your spouse to live somewhere other than the marital home unless: A spouse voluntarily leaves the home; There is domestic violence; Living together jeopardizes the well-being of the spouses or children.

Illinois' Current Child Relocation Requirements Any parent who wants to move out of Illinois may do so, but only up to 25 miles away from their current home without the court's permission. Generally, the court will not allow a parent to move out of state with his or her child if the divorce is not yet finalized.

Under Texas child custody laws, when moving out of state, the parent who is primary must usually get the other parent's consent if they want to take the child with them. If they do not obtain consent, they must petition the court to request permission to move out of state.

The parent is otherwise unfit. The parent abused or neglected another child. The parent kept the child out of school or away from home. The parent is imprisoned and cannot care for the child for two or more years.

If the father has abandoned the child with the mother, a family member, or another person without providing support to the child for at least six months, their parental rights may be terminated.

Currently under Illinois Law, a child is governed by Section 609.2 of the IMDMA (Illinois Marriage and Dissolution of Marriage Act). This IMDMA indicates when a parent is looking to move with their child or children, they must seek court approval, since a parent's relocation is a substantial change for the child.

When there isn't a court order with restrictions on a particular area the child must reside in, this still doesn't give a parent the right to move out of state without first getting the court's permission. The parent wanting to move must talk with the other parent about his/her intentions.

Even if parents are unmarried but still together, one parent always has automatic child custody: the child's mother. A mother remains the custodian of her child until they are 18, absent any issues, like a judge granting shared custody or a mother being stripped of her parental rights.

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Illinois Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away