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.
A Wake North Carolina Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away is a legally binding document that outlines the terms and conditions regarding custody arrangements when one parent intends to move away from the area. This agreement is designed to ensure the best interests of the child or children involved are protected while also facilitating a smooth transition for all parties involved. Under the Wake North Carolina family law system, there are different types of Marital Settlement Agreements that address the issue of domiciliary custody and moving away. Some common types include: 1. Standard Marital Settlement Agreement: This agreement typically outlines the custodial arrangements in cases where both parents are actively involved in the child's life and have joint legal and physical custody. It will also include provisions regarding relocation if one parent desires to move away. 2. Sole Custody Marital Settlement Agreement: In situations where one parent has sole custody of the child, this agreement outlines the terms and conditions regarding domiciliary custody and moving away. The non-custodial parent's rights and visitation schedule will be clearly defined in this document. 3. Joint Custody Marital Settlement Agreement: When both parents share joint custody of the child, including decision-making authority, this agreement specifies the procedures and guidelines for dealing with domiciliary custody and moving away. It ensures that the child's best interests are considered when one parent intends to relocate. Key provisions that may be included in a Wake North Carolina Marital Settlement Agreement dealing with domiciliary custody and moving away include: 1. Notice Requirement: The agreement may stipulate that the parent planning to move away must provide a specified period of advance written notice to the other parent, informing them of the intended relocation. 2. Consent Requirement: The agreement may require the relocating parent to obtain the non-moving parent's consent or seek court approval before making any significant change in the child's residence. 3. Visitation Schedule: The agreement will outline a new visitation schedule to accommodate the logistics of the move. This schedule might include extended holiday periods, summer visitation, or alternate weekends to ensure the non-moving parent continues to maintain a meaningful relationship with the child. 4. Transportation Arrangements: If the distance between the parents' new residences is significant, the agreement may establish guidelines for transportation arrangements, such as sharing travel expenses or arranging for pick-ups and drop-offs. 5. Modification Clause: The agreement may include a provision that allows either parent to seek modification of custody or visitation arrangements if a substantial change in circumstances occurs post-relocation. When drafting a Wake North Carolina Marital Settlement Agreement dealing with domiciliary custody and moving away, it is essential to consult with qualified legal professionals to ensure compliance with the state's laws and protect the rights and interests of all parties involved.A Wake North Carolina Marital Settlement Agreement Dealing with Domiciliary Custody and Moving Away is a legally binding document that outlines the terms and conditions regarding custody arrangements when one parent intends to move away from the area. This agreement is designed to ensure the best interests of the child or children involved are protected while also facilitating a smooth transition for all parties involved. Under the Wake North Carolina family law system, there are different types of Marital Settlement Agreements that address the issue of domiciliary custody and moving away. Some common types include: 1. Standard Marital Settlement Agreement: This agreement typically outlines the custodial arrangements in cases where both parents are actively involved in the child's life and have joint legal and physical custody. It will also include provisions regarding relocation if one parent desires to move away. 2. Sole Custody Marital Settlement Agreement: In situations where one parent has sole custody of the child, this agreement outlines the terms and conditions regarding domiciliary custody and moving away. The non-custodial parent's rights and visitation schedule will be clearly defined in this document. 3. Joint Custody Marital Settlement Agreement: When both parents share joint custody of the child, including decision-making authority, this agreement specifies the procedures and guidelines for dealing with domiciliary custody and moving away. It ensures that the child's best interests are considered when one parent intends to relocate. Key provisions that may be included in a Wake North Carolina Marital Settlement Agreement dealing with domiciliary custody and moving away include: 1. Notice Requirement: The agreement may stipulate that the parent planning to move away must provide a specified period of advance written notice to the other parent, informing them of the intended relocation. 2. Consent Requirement: The agreement may require the relocating parent to obtain the non-moving parent's consent or seek court approval before making any significant change in the child's residence. 3. Visitation Schedule: The agreement will outline a new visitation schedule to accommodate the logistics of the move. This schedule might include extended holiday periods, summer visitation, or alternate weekends to ensure the non-moving parent continues to maintain a meaningful relationship with the child. 4. Transportation Arrangements: If the distance between the parents' new residences is significant, the agreement may establish guidelines for transportation arrangements, such as sharing travel expenses or arranging for pick-ups and drop-offs. 5. Modification Clause: The agreement may include a provision that allows either parent to seek modification of custody or visitation arrangements if a substantial change in circumstances occurs post-relocation. When drafting a Wake North Carolina Marital Settlement Agreement dealing with domiciliary custody and moving away, it is essential to consult with qualified legal professionals to ensure compliance with the state's laws and protect the rights and interests of all parties involved.
