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Marital Settlement Agreement Dealing with Domiciliary Custody and...

Puerto Rico 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

Parents with sole custody are granted permission to travel out of country with their children without permission from the child's other parent. However, to do so, the parent with sole custody must show the court-ordered custody arrangement to obtain the child's passport.

Regardless of whether there is a custody order in place, the moving party may not move without properly notifying the other party. There are legal risks for the moving party if they move without their ex's permission. The non-moving party can file a court action against the moving party to bring the children back.

Initially, a judge can order temporary custody of the child and then later make a final decision with regard to the wellbeing of the child. A lawyer with experience in custody matters in Puerto Rico can advise you as to which petition to file and how the process will likely go in your specific situation.

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.

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 Puerto Rico, joint custody was established as public policy. Thus, courts must consider this type of arrangement as the first option in cases in which custody is in dispute. However, the most important factor for determining custody will always be the welfare of the underage or incapacitated child.

Child support can be requested through the Court of First Instance or through the Child Support Administration (ASUME, by its Spanish acronym), an agency under the Executive Branch of the government of Puerto Rico. Both the judicial and the administrative forums have concurrent jurisdiction over these matters.

As for paternity, of the married woman's spouse is presumed to be the father of the children born during the marriage or within 300 days following the dissolution of the marriage. In addition, paternity is presumed when the child is voluntarily acknowledged.

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