Non-Custodial Parent
The parent who does not have primary physical custody of the children and typically has visitation or parenting time rights.
Understanding Non-Custodial Parent
The non-custodial parent is usually the one with whom the children spend less than 50% of their time. This parent typically pays child support to the custodial parent and has scheduled visitation or parenting time. Being the non-custodial parent does not diminish legal rights — they may still share joint legal custody and participate in major decisions. Non-custodial parents have the right to access school records, medical information, and attend activities. Courts discourage the custodial parent from interfering with the non-custodial parent's relationship with the children.
Real-World Examples
As the non-custodial parent, he had the children every other weekend and Wednesday evenings, plus shared holidays and two weeks in summer.
Related Terms
The right to have the child live with you, determining where the child resides on a day-to-day basis.
Joint CustodyAn arrangement where both parents share decision-making authority (legal custody) and/or physical time (physical custody) with their children.
Parenting TimeThe scheduled periods when each parent has physical custody of and responsibility for the children, replacing the older term 'visitation.'
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.