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Marital Settlement Agreement Dealing with Domiciliary Custody and...

Tennessee Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away

Category:

Family Law - Divorce - Separation

State:

Multi-State

Control #:

US-02755BG

Format:

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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How to fill out Marital Settlement Agreement Dealing With Domiciliary Custody And Moving Away?

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FAQ

Any parent planning to relocate with the child ? either outside Tennessee or more than 50 miles away from the other parent if within the state ? must give notice to the non-relocating parent ing to T.C.A. § 36-6-108(a). Parents are encouraged to mediate a new visitation schedule.

The General Rule for Moving out of State Under Tennessee Law Under Section 36-6-108 of the Tennessee Code, if a custodial parent seeks to relocate out of state, that parent must provide notice to the child's other parent at least 60 days prior to moving ? absent exigent circumstances.

In Tennessee, the law states that you must provide at least 60 days' notice to the other parent if you want to move more than 50 miles away from that parent and if you are spending time with your children. You must also provide notice if you plan to move to another state, even if that would be less than 50 miles away.

So what does the law require? The custodial parent is free to move without the court's approval if that move is less than 50 miles from the other parent. If that parent wants to move further or out-if-state, the law requires the parent to provide a written notice to the courts and the other parent.

The short answer is yes, but you must have court permission in order to do so. Florida has child custody laws for moving out of state. That court permission is not always easy to obtain. Let's talk about what is necessary to get a court order that allows you to move out of state with your child.

Child Custody. In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child.

Any child 12-years or older has the right to at least give their views on the subject to the court. Kids ages 14 and up will be given greater consideration by a Tennessee family law judge. Furthermore, a court could go one step further and appoint a guardian ad litem.

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.

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