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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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FAQ

If there has been no determination of who has custody of the Children and one parent wants to make a move away with the child, or prevent such a move from occurring, that person will usually file a Motion with the Court to start or stop the move. In California, this is done with a Request For Order.

Here are some common examples for proving your address: Mortgage deed, if it states that the owner uses the property as the primary residence. Mortgage or rental payment receipt. Driver's license, state ID, or change of address card. Mail from motor vehicle or other government agencies with your address(s) listed.

1 attorney answer It means no more than 60 miles further distant - so, if you're currently 40 miles apart, it means up to 100 miles away.

A statement of the parent's intent to move. The actual place where the parent proposes to relocate. The reason or reasons why the parent intends to relocate.

No law in California prevents a noncustodial parent or parent who has joint custody from moving out of state.The court will consider four distinct, important factors before granting a custody relocation petition in California.

The distance of the move. Which parent is more likely to facilitate the other parent's relationship with the child. The ability of the parents to communicate with each other. The reasons for the move. Whether the move is solely intended to spite the non-moving parent.

In the absence of any court orders regarding custody, technically you can move without his permission. He has the right however, to file for custody orders which may result in your having to bring the children back to CA.

Courts should usually allow a move if the other parent has moved, although it might be within reason (if the non-custodial parent moved 50 miles away, the Court might not allow the custodial parent to move 1,000 miles away).Normally when the non-custodial parent moves away, the custodial parent is allowed to move.

Specify Your Reasons for Relocating. Prove You've Done Your Research. Give the Company a Timeframe. State Ties You Have to the New Area. Appropriately Present Your Contact Details.

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Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away