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.
West Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away A Marital Settlement Agreement (MSA) in West Virginia is a legal document that outlines the terms and conditions agreed upon by divorcing parties regarding various aspects of their separation, including domiciliary custody and moving away. This agreement is essential in ensuring a smooth transition and fair division of responsibilities. In cases involving domiciliary custody and the possibility of one parent moving away, specific clauses addressing these circumstances may be included in the MSA. These clauses are designed to protect the best interests of the child while taking into consideration the rights and responsibilities of both parents. Key provisions included in a West Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away may include: 1. Custody Arrangements: This section outlines the agreed-upon arrangement for domiciliary custody. The agreement may specify whether joint or sole custody will be granted and the visitation rights of the noncustodial parent. 2. Parental Relocation: If one parent wishes to move out of state or a significant distance away, this section addresses the procedure and requirements for seeking permission from the court. It may also require the relocating parent to provide advance notice to the other parent and outline the process for amending the custody arrangement based on the new location. 3. Best Interests of the Child: The agreement will outline that all decisions regarding domiciliary custody and relocation must be made with the child's best interests in mind. Factors considered include maintaining stability and continuity for the child, ensuring ongoing relationships with both parents, and any potential impact on the child's education, healthcare, and overall well-being. 4. Mediation or Dispute Resolution: The MSA may require the parties to attempt mediation or alternative dispute resolution methods before seeking court intervention in case any disputes arise regarding domiciliary custody or relocation. Types of West Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away: 1. Joint Custody with Relocation Clause: This type of agreement allows for joint custody arrangements while including specific guidelines for relocation, ensuring that both parents have a say in major decisions affecting the child. 2. Sole Custody with Relocation Clause: In situations where one parent has been awarded sole custody, this agreement establishes the parameters and requirements for relocating with the child while still considering the noncustodial parent's participation. 3. Split Custody with Relocation Clause: If the divorcing couple has multiple children, and it is agreed that each parent will have sole custody of specific children, this type of agreement addresses the relocation issues for each child separately. By incorporating these specific provisions into a West Virginia Marital Settlement Agreement, divorcing parties can achieve a fair and comprehensive resolution regarding domiciliary custody and moving away, reducing potential conflicts and safeguarding the best interests of the children involved.West Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away A Marital Settlement Agreement (MSA) in West Virginia is a legal document that outlines the terms and conditions agreed upon by divorcing parties regarding various aspects of their separation, including domiciliary custody and moving away. This agreement is essential in ensuring a smooth transition and fair division of responsibilities. In cases involving domiciliary custody and the possibility of one parent moving away, specific clauses addressing these circumstances may be included in the MSA. These clauses are designed to protect the best interests of the child while taking into consideration the rights and responsibilities of both parents. Key provisions included in a West Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away may include: 1. Custody Arrangements: This section outlines the agreed-upon arrangement for domiciliary custody. The agreement may specify whether joint or sole custody will be granted and the visitation rights of the noncustodial parent. 2. Parental Relocation: If one parent wishes to move out of state or a significant distance away, this section addresses the procedure and requirements for seeking permission from the court. It may also require the relocating parent to provide advance notice to the other parent and outline the process for amending the custody arrangement based on the new location. 3. Best Interests of the Child: The agreement will outline that all decisions regarding domiciliary custody and relocation must be made with the child's best interests in mind. Factors considered include maintaining stability and continuity for the child, ensuring ongoing relationships with both parents, and any potential impact on the child's education, healthcare, and overall well-being. 4. Mediation or Dispute Resolution: The MSA may require the parties to attempt mediation or alternative dispute resolution methods before seeking court intervention in case any disputes arise regarding domiciliary custody or relocation. Types of West Virginia Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away: 1. Joint Custody with Relocation Clause: This type of agreement allows for joint custody arrangements while including specific guidelines for relocation, ensuring that both parents have a say in major decisions affecting the child. 2. Sole Custody with Relocation Clause: In situations where one parent has been awarded sole custody, this agreement establishes the parameters and requirements for relocating with the child while still considering the noncustodial parent's participation. 3. Split Custody with Relocation Clause: If the divorcing couple has multiple children, and it is agreed that each parent will have sole custody of specific children, this type of agreement addresses the relocation issues for each child separately. By incorporating these specific provisions into a West Virginia Marital Settlement Agreement, divorcing parties can achieve a fair and comprehensive resolution regarding domiciliary custody and moving away, reducing potential conflicts and safeguarding the best interests of the children involved.
