A non-custodial parent, versus a custodial parent, is the parent that doesn’t have principal custody of their child. For instance, one parent might have custody of the child for a multiple of weeks, whereas the non-custodial parent might only have custody of the child for 1 or 2 weekends each month.
In addition, the non-custodial parent might only have specific visitation privileges, like only being able to see their child during the day or only throughout specific weekends (for instance every other weekend).
Frequently, a non-custodial parent may have restricted limitations on their legal rights to make important decisions on the child’s behalf. This is called having legal custody over the child, meaning the parent is allowed to make choices for the well-being of the child’s, like their schooling or religious raising.
Commonly, there are two types of custody: legal custody (afore mentioned above), and physical custody, in which is in reference to having control of the physical location of where the child will primarily live.
Non-custodial parents do keep some rights, nevertheless, like the following:
- The opportunity of access to the child’s medical and/or school records;
- The right to pay child support (according to both the best interest of the child and the parent’s income in mind);
- The right to spend holidays with the child (this could be for the whole holiday or only parts of it subject to what each of the parties and court determines is best for the child);
- The right to inform any abuse, neglect, or other elements shown by the custodial parent that negatively impacts the child; and
- Various other rights that are typically detailed in the parties’ child custody agreement.
- Even though the above list typically covers the majority of rights that a non-custodial parent might have, every child custody case is different from the next one because of the differing laws of each state and the individual situation presented through each case.
Consequently, in order to have your rights safeguarded as a non-custodial parent, you should think about a child support attorney near you for additional legal advice about your issue. Not only could the attorney help guarantee that your rights are safeguarded, but they can also assist in establishing whether or not you might have added rights that may be exercised in concerning your child.
How are Visitation Rights Established?
A non-custodial parents’ visitation rights get established by the court’s examination of several disparaging elements, comprising of:
- The child’s primary demands and requirements;
- The location of each of the parents;
- Time schedules of the child and each of its parents.
- If there were any examples of neglect and/or mistreatment by a parent; and
Previous visitation arrangements may impact a non-custodial parent’s visitation rights for subsequential children.
It is also important to take note that visitation orders can be altered when there is a substantial change in the situation. For instance, when the parents re-marry or if one of the parents passes away.
Can Visitation Rights Be Lost?
In many cases, visitation rights may be lost or taken away. This might happen when one of the following situations occur, like:
- When a parent has committed an utter violation of the custody agreement resulting in the loss of custody and/or visitation rights;
- When the parent has turned into a threat to the child’s safety or well-being, like when they are violent towards the child; or
- When the parent’s present lifestyle is conflicting with the planned visitation schedule. For instance, if the visitation arrangement details that a non-custodial parent cand take custody of the child each weekend, but if the parent moves out of state, this factor may modify the non-custodial parent’s visitation rights.
Once more, these modifications are going to be established by the court and consequently reflected in the judge’s child visitation order. Many times a parent is going to be allowed to challenge their visitation rights, but this is going to typically be restricted and only under special situations.
Am I Going to Need to Hire an Attorney for Assistance with Custody Rights?
Comprehending your rights being a non-custodial parent can be difficult, particularly when you are used to being around the child every day. Consequently, when you are experiencing issues that involves child custody, visitation rights, or any other family law legal matters, it may be a good idea to hire a qualified child custody attorney that is also located near you.
A local child custody attorney is going to be able to guide you through the process proficiently, can offer legal advice that is specifically customized to your issue, and is going to have knowledge of the laws that pertain to the case in your jurisdiction.
In addition, a child custody attorney with experience in this area going to know how to negotiate on your behalf in a way that guarantees your rights are being satisfactorily safeguarded, and can help preparing a case for court that goes over why your rights being a non-custodial parent are required to be modified.
Wishnia, J. (2020, March 24). Non-Custodial parent rights. Retrieved April 08, 2021, from https://www.legalmatch.com/law-library/article/non-custodial-parent-rights.html
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