The custodial parent’s rights and responsibilities are different when the court awards sole physical and joint legal custody. This means that the other parent has the right to jointly participate in decisions regarding raising the child. While the custodial parent retains control over the day-to-day logistics, the non-custodial parent has equal say in school attendance, medical decisions, and religious upbringing. As another example, Nathan and Stephanie have joint legal and physical custody of their daughter. Stephanie begins making erratic decisions on her own, such as removing their daughter from her private school to be home schooled, and refusing to allow her to complete her vaccination schedule. From that point forward, only Nathan is legally authorized to make important decisions regarding the child’s life.

When a joint custody order doesn’t address the topic, though, both parents should carefully review the IRS’s rules before claiming the child for tax purposes. A custodial parent is a parent who has primary or sole custody of a child. I am, I admit, behind on my support payments, but it’s only because I don’t make a lot. She knows this, and I thought we had an agreement that I would always do my best to help however I could, at least with my time (always available, never said “no” to chances to be with children). But I know he hears her abusive tone of voice with me and he is parroting what she does. My former wife is belligerent with me and often threatens to not let my children see me.

“Custodial” vs. “Non-Custodial” Parents Defined

Unless the non-custodial parent is legally prevented from having any contact with their child, they must be allowed to maintain contact and be given the opportunity to visit. This means the custodial parent is obligated to make the child available for visitation according to the times in the order. If the custodial parent refuses to honor the court’s order, the non-custodial parent has the right to ask the court to enforce the order.

The Custodial Parent

In addition, must keep the non-custodial parent informed about their child’s whereabouts and well-being. If the custodial parent fails to meet these responsibilities, they may be subject to legal action from the non-custodial parent or the state. However, the brunt of the parenting responsibilities falls on you, especially if you’re a single parent.

Responsibilities of a Custodial Parent

It’s their job to provide their children with a clean, safe place to live and balanced meals. Legal custody refers to a parent’s ability to make choices that impact their child’s well-being. This can mean deciding what school a child will attend or making medical decisions regarding care providers or treatment plans. However, there may be circumstances where the non-custodial parent wishes to deviate from this schedule.

  • You will want to work with a family law attorney to help protect your rights as a parent and look out for your financial situation.
  • However, the brunt of the parenting responsibilities falls on you, especially if you’re a single parent.
  • When parents are married, they’re automatically equally entitled to the same rights and responsibilities involved in caring for their child.
  • Often, time with the parent who does not have primary custody may be limited to the weekends, holidays and summer months, as this time may coexist with the child’s school schedule.
  • When a court gives sole physical or primary custody to a mom or dad, the law considers that parent to be the child’s custodial parent.
  • Being a “non-custodial parent” isn’t a negative thing and doesn’t mean the parent isn’t present.

To explore this concept, consider the following custodial parent definition. Parents have a responsibility to financially support their children and obtaining child support is important to the well-being of children. The Connecticut Department of Social Services (DSS), Office of Child Support Services (OCSS) can assist in obtaining a child support order and receiving child support payments. NCPs may contact a local DSS office for more information regarding this process. When parents work to determine custody during their divorce, they can be awarded physical custody or legal custody of their child. When a parent is given physical custody, they are referred to as the child’s custodial parent.

What Are the Rights of a Custodial Parent vs. a Non-Custodial Parent?

The child’s need to live in as stable of a home environment as possible is paramount to the success of a joint custody arrangement. The scenarios described in this website are intended to demonstrate legal principles involved with representation in the type of case described. Any current or former clients quoted or specifically identified in these materials have reviewed the firm on a third-party website or platform, such as Google, without compensation. All services described in these materials and provided by Radchenko andBrooks, LLC, and its attorneys, are only performed in compliance with all applicable laws and the Texas Rules of Professional Conduct. Brooks and Radchenko, LLC is a DFW law firm with a team of top-notch, professional attorneys specializing in personal injury and family law.

Once these agreements are reached, it can establish a child’s custodial and non-custodial parents. These positions in a child’s life comes with various responsibilities to ensure a proper upbringing. In most cases, a non-custodial parent will have certain obligations to the parent with primary custody. Generally, receiving some type of financial assistance from the nonresidential parent is one of the major parental rights. For this reason, non-residential parents may have to pay child support to the primary parent to supplement the financial costs of taking care of the child.

Legal custody allows a parent the right to be involved in making important decisions throughout the upbringing of their child. This can be regarding issues such as healthcare, education, relocation, religion, general well-being, and more. Joint legal custody is typically preferred because it allows both parents to have a say in important decisions regarding their child’s welfare, health, and education.

  • Some parents split physical custody equally in a joint custody arrangement, in which case both would be considered custodial parents.
  • I have not yet brought the non-custodian back to court in 10 years not even to modify the child support because I really am trying to avoid problems and feel threatened by this person.
  • If you’ve lost your parental rights, you may need to begin the process of restoring your rights before you’re entitled to information about your child.
  • Speak with a family law lawyer in Orlando, FL, today to discuss your options.
  • With that in mind, here’s your guide to becoming the custodial parent of your child.

Instead, courts award joint physical custody, even if one parent gets slightly more time than the other. In Florida, a custodial parent is responsible for the day-to-day care of their child. This includes providing a safe and stable home, ensuring that their child attends school, and meeting their basic needs such as food and clothing. The custodial parent is also responsible for making decisions about their child’s medical care, education, and extracurricular activities. This guarantees that the non-custodial parent will be able to spend certain days and times with the child. That means that the custodial parent cannot restrict visitation on their own—unless there is a true emergency.

When it comes to becoming a custodial mother or father, a good legal strategy is a must. The Custody X Change app walks you through each step of creating a comprehensive parenting plan. Christy Bieber is a personal finance and legal writer with more than a decade of experience.

In the meantime, continue reading for further insight into what a custodial parent is in Florida. As a family law attorney, I will help you understand this distinction, your rights as a parent, and your expected duties to arrive at the best possible outcome post-divorce. But this doesn’t automatically mean they are the custodial parent in the eyes of South Carolina law. The involvement of a non-custodial parent varies and will depend on the relationship between the parents. If the custodial parent isn’t allowing visits, that doesn’t give you the right to stop paying child support.