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Marital Settlement Agreement Dealing with Domiciliary Custody and...

Maryland 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

Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.

In Maryland, a parent can win a petition to relocate with a minor if he or she proves that this relocation will benefit the minor. Potential benefits include a new job for the relocating parent which may lead to an increased income which will benefit the overall quality of the minor's life.

For example, basic child support for one child would increase from $1,040 to $1,271 (at the $10,000 aggregate monthly income level), with a maximum for one child of $1,942.

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.

Maryland statute provides that the original custody order may include a requirement that either party give the other (and possibly the court) at least 90 days notice of ?the intent to relocate the permanent residence of the party or the child either within or outside the State.? If a parent must relocate for ?financial ...

However, failing to inform the necessary parties and create a new visitation plan could result in criminal charges. Maryland does not allow parents to move out of state without approval from the court that issued their existing custody arrangement and doing so could result in fines or jail time.

If your co-parent has been found guilty of neglecting or abusing another minor in the past. If you have reason to believe the child will be taken far away (out of state) and this goes against your existing custody order. If your co-parent is not in a stable or safe housing situation.

Starting at the age of 10, children have a say in their visitation. And at the age of 16, children are given full say over their visitation schedule. Once you create a visitation agreement, the court will examine it based on the child's best interest.

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