Indiana 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

Indiana Code § 31-17-2.2-1 requires a parent contemplating moving residences to give notice to the court and anyone else who has or is seeking a custody or parenting time order regarding the child. The new Guidelines require the parent to file a notice 30 days (was 90 days before) before the intended move.

Hear this out loud PauseIn the absence of a court order, a mother cannot legally take or keep the child away from the father.

Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.

Hear this out loud PauseParental kidnapping is when a parent keeps their child from the other parent in violation of that parent's custodial rights. Often called custodial interference or parent?child abduction, it typically occurs in high-conflict custody and divorce cases.

Hear this out loud PauseAbandonment issues can lead to depression, anxiety, and self-harm. Your child might also feel forced to reject the other parent. This will lead them to deep guilt that they abandoned their parent. Alienation is emotional abuse.

Hear this out loud PauseBut if we over-parent and smother them, it can backfire big time. A collection of research in recent years shows a connection between helicopter parenting and mental health issues like anxiety and depression as children get older and try to make it on their own.

However, while your ex-spouse cannot prevent you from moving, any custodial parent contemplating a long-distance move away from an involved non-custodial parent should think long and hard before making that decision. The risks of losing custody are high in a relocation case, and the cost of litigation is expensive.

Indiana Code § 31-17-2.2-1 and § 31-17-2.2-3 require the custodial parent to file a Notice of Intent to Relocate with the court 90 days prior to moving. Once the notice is filed, the non-custodial parent has 60 days to file an Objection to Relocation with the court.

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Indiana Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away