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Domicile Questions

Domicile is a person's legal residence. A person can maintain a domicile after they have left by maintaining connections that would appear that the person has no intention of leaving. A domicile plays a huge role on many aspects of a person's life when dealing with court proceedings. A domicile will determine where a person's estate can be probated upon death, what state a person can file for divorce, where a person can claim taxes, as well as how courts can have jurisdiction between two parties involved in a lawsuit. Below are just a few of the more commonly asked questions that have been answered by Experts.

If someone has filed for a change in domicile recently and wants to move to Ohio, but Child Protective Services (CPS) has found evidence of child abuse in the home, what should be said to the judge to prove a stable home environment?

Generally, a judge looks at the situation and how it will affect the child. The best interest of the child is first and foremost with the court. The judge will usually take into consideration the bond between your child and yourself, how the move will affect the child, if the child's mother will follow the court orders, and how visitation between your child and yourself will be handled. While the court will probably ask the child how she feels about the move, there is no guarantee that the court will abide by her wishes. You can bring up the abuse issue to the courts attention, regardless of how minor the abuse was. You should center your reasons on the best interest of the child when raising your objections to the move.

My daughter just lost a domicile resident restriction case in her divorce. They went to a mediator/arbitrator for the final decision. Unfortunately she signed a document saying that there would be no appeals. Is there anything she can do?

If your daughter signed an agreement that stated there would be no attempt at an appeal, the court will stand behind the agreement. Even if the judge wanted to help your daughter, the agreement is a legal binding document and the court has to uphold it. However, if your daughter signed the agreement under duress, under fraudulent circumstances or while she was mentally unstable, there may be a loophole that would help her. However, it appears that your daughter willingly signed the agreement so none of these issues would apply to her situation.

The best interest of the child is always considered in this type of situation and obviously, the arbitrator determined that the child should remain where he/she was. The best interest of the parent is usually considered after the welfare of the child is considered.

In a change of domicile request, what if the mother requesting the change is doing so because she is going to marry a man in the new location? Does the mother present a stronger case if her basis for moving is to gain employment and then is it best to marry after the change is granted?

If you are going to request the change of domicile based on a job opportunity, you should have a job lined up before you go to court. By expressing to the court that you wish to make the move for employment to better your children's lives, you will strengthen your case. By telling the court of your upcoming marriage, you will further show the court that you are trying to stabilize your life. However, if your future husband is established in his job, you may not need more than that so long as you agree to give the father visitation. By offering extra time with the children such as extended visits through the summer and extra holiday visits, you will show the court that you are willing to provide the father with ample visitation with the children.

You may want to discuss your situation with a local family law attorney. A local attorney can lend insight on how the judge will handle the case and what would be the best approach when requesting a change of domicile.

There are many questions regarding domiciles and when you have questions that involve legal proceedings, you should ask an Expert for assistance. Many people are unaware of the importance of a domicile when entering legal proceedings and can benefit from consulting with an Expert.
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