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Non-Custodial Parent Rights

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Non-Custodial Parent Rights

Non-custodial parents lack primary child custody. Custody often involves limited visitation. Legal decisions, like education, fall under legal custody. Physical custody concerns the child’s primary residence. Non-custodial parents retain certain rights, including access to medical and school records, child support responsibilities, and holiday visitation. They also have the right to report abuse or neglect by the custodial parent, as outlined in the child custody agreement.

To navigate state laws and unique situations, consult a local child support attorney. They provide tailored legal advice, ensuring your rights are protected. Additional rights relevant to your child’s well-being can be explored with their expertise.

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:

  1. Violation of Custody Agreement: When a parent has committed an utter violation of the custody agreement resulting in the loss of custody and/or visitation rights.
  2. Threat to Safety: When the parent has turned into a threat to the child’s safety or well-being, such as being violent towards the child.
  3. Lifestyle Conflicts: 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 can 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?

Understanding your rights as a non-custodial parent can be challenging, especially when you’re accustomed to daily interactions with your child. When facing child custody, visitation, or other family law matters, seeking guidance from a proficient child custody attorney in your vicinity is advisable.

A local child custody attorney will efficiently navigate the process, providing tailored advice for your situation and understanding local laws. With experience, they can adeptly negotiate on your behalf, ensuring the protection of your rights. Additionally, they can assist in building a compelling case for court, articulating the reasons for necessary changes to your rights as a non-custodial parent. Engaging a qualified child custody attorney is crucial for addressing your specific circumstances and securing the best outcome for you and your child.

Source:

  1. 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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