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Local Law Firms Home > Child Custody & Support Overview > Non-custodial Parent A non-custodial parent is a parent that was not granted child custody. Sometimes this is by choice, and other times it was a decision ruled by the court in the child’s best interests. A non-custodial parent has duties and obligations to fulfill. Additionally, a non-custodial parent has rights that should not be violated by the custodial parent. For example, unless the court rules that a non-custodial parent is a severe threat to a child’s safety, a non-custodial parent will be awarded a certain amount of child visitation time. This may be several times a week or just once a week—and it may be short daytime visits or even overnight stays at the non-custodial parent’s home. The arrangement is made based on the court’s decisions and all involved parties, including the child’s desires—assuming he or she is at a certain age and has the mental capacity to make such decisions.
At the very least, a non-custodial parent will be awarded visitation rights that are court-supervised. Only in rare circumstances in which a non-custodial parent poses to be a danger will a non-custodial parent be denied any type of visitation rights at all. The custodial parent must adhere to any decisions regarding child visitation and allow the child to visit with the non-custodial parent as agreed upon by the parties, or ruled by the court. Failure to allow a non-custodial parent to visit his or her child is a violation of that parent’s rights. Did you know? In addition to the rights a non-custodial parent has, he or she also has responsibilities, too. A non-custodial parent is almost always required to pay some sort of child support payments to the custodial parent. |