One parent is designated as the custodial parent and the other as the noncustodial parent, based on the custodial rights granted to each in the final custody order. These titles have an impact on each parent’s rights and obligations, including who is responsible for paying and receiving child support, among other things.
There are states where terms with the same meaning are used differently. Ohio, for instance, employs the terms “residential parent” and “nonresidential parent.”
A custodial parent: what is it?
The principal caregiver for the child is the custodial parent. They frequently get sole custody, which grants them complete control over all decisions pertaining to the child (sole legal custody) and most or all of the parenting time (sole physical custody).
The custodial parent may be named in a joint or sole custody agreement that the parents come to. Should that not be feasible, the judge determines the appropriate party based on:
The child’s best interests
Who has more time to devote to the child? Who was the child’s primary caregiver when the custody case began? In certain states, the child’s wishes
The opportunity to spend a lot of one-on-one time with your child is one advantage of having custodial custody. There’s also the possibility that you won’t have to pay child support.
But you bear the majority of the parental load, particularly if you’re a single parent. All or most of your child’s growing pains and frustrations must be addressed as you are responsible for their daily care. In addition, you’ll have extra responsibilities that the other parent might be able to avoid, like driving the child to and from school.
Should you and your former partner get along well enough, you may be able to co-parent and divide these duties equally between the two of you.
A noncustodial parent is what?
In most cases, the noncustodial parent has less time with the child and is the one who pays child support, though they may still be eligible for assistance if the custodial parent earns a substantially higher income.
You may remain the noncustodial parent even if you share joint legal and physical custody. Perhaps the court decides you need to pay child support, or perhaps the other parent resides in a better school district.
Even though you might not see your child as much, you play an equally important role in their upbringing as the custodial parent does; children gain the most from having both parents involved.
Rights of noncustodial parents
Noncustodial parents are entitled to visitation privileges and decision-making power, unless the court rules otherwise. The court may mandate supervised visitation if there are worries about the child being with the parent alone.
The custodial parent’s refusal to permit visits does not absolve you of your child support obligations. If you want to make sure the order is enforced, you should bring the matter before a family court.
It is your right to be informed if the parent with custodial rights plans to move. The majority of states have deadlines for the custodial parent to notify the other parent when they are moving. The noncustodial parent now has time to object. If the distance is great enough to interfere with the visitation schedule, the custody order might need to be modified.
Both parents have the right to know where their child is during visits, if specified by the court order.
For the purpose of raising your child, you and your ex-partner remain a team, despite your separation. Among the matters you ought to work together on are:
Important decisions pertaining to children, such as the child’s schooling
Significant costs for the child (such as medical procedures)
Getting the youngster to and from appointments
Before going to court, think about attempting an alternative dispute resolution process if you’re having problems reaching a consensus on these issues. It might be more difficult to resolve conflicts amicably in the future if litigation is brought about right away.
Divorce can be tolling on all involved so be sure to guard your kids and preserve their future. For more information on divorce and child custody, contact the Scottsdale divorce lawyers at Canterbury Law Group. We are here to protect you and your children: (480) 744-7711.