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.
Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away is a legal document that addresses the issue of custody and relocation in the context of divorce or separation. This agreement aims to provide a comprehensive solution for couples in Virginia who have children and need to determine custody arrangements when one parent plans to move away. In Virginia, there are two main types of Marital Settlement Agreements dealing with domiciliary custody and moving away: 1. Sole Custody Marital Settlement Agreement: This type of agreement grants sole physical custody to one parent, allowing the child to primarily reside with them. The non-custodial parent may have visitation rights or scheduled parenting time. When the custodial parent intends to relocate, this agreement will outline the necessary steps and considerations. 2. Joint Custody Marital Settlement Agreement: In joint custody agreements, both parents share physical custody and decision-making responsibilities for the child. When one parent wishes to move away, this agreement discusses the requirements and criteria to be considered in deciding whether the move is in the best interest of the child. The Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away typically includes the following key elements: 1. Domiciliary Custody Arrangement: The agreement will delineate whether sole or joint custody is granted to either parent. It will outline a schedule for visitation or parenting time for the non-custodial parent or provide guidelines on shared custody arrangements. 2. Relocation Clause: This clause addresses the procedures and requirements for a parent who plans to move away with the child. It may include notice period, method of notification, and specific limitations or conditions related to the intended relocation. 3. The Best Interest of the Child: The agreement will emphasize that the ultimate consideration is the well-being and best interest of the child. Factors such as the child's relationship with both parents, proximity to extended family, educational opportunities, and stability will be taken into account. 4. Mediation or Dispute Resolution: To resolve any future conflicts or disputes, the agreement may include a provision for mediation or an alternative dispute resolution process rather than litigation. 5. Modification of Agreement: The document may address the possibility of future modifications to the agreement if circumstances change significantly, such as a change in employment or relocation of either parent. 6. Confidentiality: The agreement may include a confidentiality clause to protect the privacy of the parties involved and prevent the release of sensitive information to third parties. It is important for individuals seeking a Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away to consult with a family law attorney experienced in Virginia's laws to ensure that all legal requirements are met and that the agreement is in compliance with the state's custody and relocation guidelines.Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away is a legal document that addresses the issue of custody and relocation in the context of divorce or separation. This agreement aims to provide a comprehensive solution for couples in Virginia who have children and need to determine custody arrangements when one parent plans to move away. In Virginia, there are two main types of Marital Settlement Agreements dealing with domiciliary custody and moving away: 1. Sole Custody Marital Settlement Agreement: This type of agreement grants sole physical custody to one parent, allowing the child to primarily reside with them. The non-custodial parent may have visitation rights or scheduled parenting time. When the custodial parent intends to relocate, this agreement will outline the necessary steps and considerations. 2. Joint Custody Marital Settlement Agreement: In joint custody agreements, both parents share physical custody and decision-making responsibilities for the child. When one parent wishes to move away, this agreement discusses the requirements and criteria to be considered in deciding whether the move is in the best interest of the child. The Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away typically includes the following key elements: 1. Domiciliary Custody Arrangement: The agreement will delineate whether sole or joint custody is granted to either parent. It will outline a schedule for visitation or parenting time for the non-custodial parent or provide guidelines on shared custody arrangements. 2. Relocation Clause: This clause addresses the procedures and requirements for a parent who plans to move away with the child. It may include notice period, method of notification, and specific limitations or conditions related to the intended relocation. 3. The Best Interest of the Child: The agreement will emphasize that the ultimate consideration is the well-being and best interest of the child. Factors such as the child's relationship with both parents, proximity to extended family, educational opportunities, and stability will be taken into account. 4. Mediation or Dispute Resolution: To resolve any future conflicts or disputes, the agreement may include a provision for mediation or an alternative dispute resolution process rather than litigation. 5. Modification of Agreement: The document may address the possibility of future modifications to the agreement if circumstances change significantly, such as a change in employment or relocation of either parent. 6. Confidentiality: The agreement may include a confidentiality clause to protect the privacy of the parties involved and prevent the release of sensitive information to third parties. It is important for individuals seeking a Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away to consult with a family law attorney experienced in Virginia's laws to ensure that all legal requirements are met and that the agreement is in compliance with the state's custody and relocation guidelines.
