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Marital Settlement Agreement Dealing with Domiciliary Custody and...

Louisiana 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

For unmarried parents, all rights belong to the mother. Unmarried fathers have no legal rights to custody or visitation. Fighting for the right to see your child is possible with the help of a Louisiana lawyer. At the core of custody issues is the matter of paternity.

(2) The domiciliary parent is the parent with whom the child shall primarily reside, but the other parent shall have physical custody during time periods that assure that the child has frequent and continuing contact with both parents.

How Far Can You Move? ing to the aforementioned cases, Louisiana parents with custody of their children cannot move more than 75 miles away from the other parent following a divorce without a court order. This is because both parents should have reasonable access to the child, as dictated by the law.

There is no age in Louisiana at which a child has the right to decide with whom he/she wants to live. Unlike other states, there is not even a presumption that at any age that a child can make that decision. A child's preference is a consideration only, it is only one factor.

Louisiana law requires the moving parent to provide the other parent with timely and proper notice of your intent to relocate the child. The moving parent must notify the other parent about the proposed relocation in advance. A formal legal notice notifies the other parent and tells the court about your plan to move.

If there is no child custody order in place, relocation is defined as moving the child more than 75 miles from the other parent's residence or out of state. Only a parent who has sole custody, primary physical custody or equal physical custody can seek relocation with the children.

However, while your ex-spouse cannot prevent you from moving, any custodial parent contemplating a long-distance move away from an involved non-custodial parent should think long and hard before making that decision. The risks of losing custody are high in a relocation case, and the cost of litigation is expensive.

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