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.
Maryland Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away is a legal document that addresses the issue of child custody and relocation in the state of Maryland. This agreement outlines the rights and responsibilities of each parent when it comes to making decisions about the children's residence and the process of moving away from the current domicile. In Maryland, there are two main types of Marital Settlement Agreements that specifically deal with domiciliary custody and moving away: 1. Sole Custody Marital Settlement Agreement: This type of agreement grants one parent the sole legal and physical custody of the children. It outlines that parent's right to make all major decisions regarding the children, including their residence. If the custodial parent wishes to move away with the children outside a certain geographic area, this agreement provides guidelines and procedures that need to be followed. 2. Joint Custody Marital Settlement Agreement: This agreement establishes joint legal and physical custody between both parents. It sets up a co-parenting arrangement where both parents share decision-making power over the children's residence. However, if one parent wishes to relocate with the children, specific terms and conditions must be addressed in the agreement to ensure that the non-relocating parent's rights and the best interests of the children are protected. When drafting a Maryland Marital Settlement Agreement dealing with domiciliary custody and moving away, certain keywords should be included to ensure the agreement is legally sound and comprehensive. These keywords may include: — Domiciliary custody: Refers to the parent with whom the children primarily reside and who has the authority to make decisions concerning their upbringing and residence. — Relocation: Refers to the process of moving away from the current domicile to a new location, which may have an impact on the parenting plan and visitation schedule. — Best interests of the child: This standard is paramount in Maryland when making decisions related to child custody and relocation. The agreement should clearly outline how the proposed move will benefit the child. — Geographic restriction: Specifies any limitations on the custodial parent's ability to move outside a defined geographic area as agreed upon in the settlement agreement. — Notice requirement: Describes the period of notice the relocating parent must provide to the non-relocating parent, as well as the method of providing such notice, which is often done in writing. — Mediation or dispute resolution: Outlines the process to follow if the parties cannot reach an agreement regarding relocation, such as mandatory mediation or arbitration. — Modification of agreement: Clarifies the circumstances under which the agreement can be modified, such as a substantial change of circumstances. It is essential to consult with an attorney experienced in family law and familiar with Maryland laws to ensure all relevant keywords and provisions are accurately included in the Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away.
