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.
Keywords: Pennsylvania, Marital Settlement Agreement, Dealing with Domiciliary Custody, Moving Away Pennsylvania Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away When going through a divorce or separation in Pennsylvania, couples with children often have to negotiate and establish a Marital Settlement Agreement (MSA) to address various aspects of child custody, including domiciliary custody and the issue of moving away. Domiciliary custody refers to the parent with whom the child primarily resides. 1. Primary Physical Custody Agreement: In this type of agreement, one parent is awarded primary physical custody of the child while the other parent retains visitation rights. It outlines the schedule and arrangements for the child's time spent with each parent, considering factors like school, extracurricular activities, and overall well-being. 2. Shared Physical Custody Agreement: In this situation, both parents have significant custodial time with the child, often splitting their time equally. The MSA needs to clearly outline the schedule, including weekdays, weekends, holidays, and vacations, ensuring effective co-parenting and maintaining stability for the child. 3. Sole Physical Custody Agreement: This type of agreement grants one parent the sole physical custody of the child, meaning they have the child's primary residence, and the other parent typically has visitation rights. The MSA must determine the visitation schedule and the best interests of the child when creating this arrangement. Moving Away: In cases where one parent wishes to relocate with the child to a different geographic area, the MSA must address the issue of moving away. 1. Consent Agreement for Relocation: If both parents agree to the proposed relocation, they can create a consent agreement outlining the terms and conditions. It should include a visitation schedule, transportation arrangements, and how communication between the child and the non-relocating parent will be maintained. 2. Modification of Custody Agreement: If the non-relocating parent opposes the move, a modification of the existing custody agreement may be necessary. The court will evaluate various factors, such as the reason for the move, the child's relationship with both parents, and the potential impact on the child's well-being, before making a decision. 3. Relocation Evaluation: In some cases, the court may order a relocation evaluation by a qualified professional to gather information regarding the child's best interests. The evaluator may interview both parents, observe their interactions with the child, and provide a report with recommendations to aid the court in determining the most suitable custody arrangement. In any scenario involving domiciliary custody and potential relocation, it is crucial for parents to seek legal counsel and ensure their Marital Settlement Agreement is comprehensive, clear, and in the best interests of the child. The court's primary objective is to protect the child's welfare and ensure strong relationships with both parents, even when facing geographical changes.
