Noncustodial parent
Encyclopedia
A "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.
A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody
, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. Where the child will only live with one of the parents, sole physical custody is ordered, and the parent with which the child lives is the custodial parent, the other parent is the non-custodial parent.
Note, however, where the child will live with both parents, joint physical custody is ordered , and both parent are custodial parents. In the case of joint physical custody a 50/50 equal shared parenting schedule is typically not required, therefore the joint custodial parent may have the minority of time with the child but not be said to be a non-custodial parent. For example, states such as Alabama, California, and Texas do not necessarily require joint custody orders to result in substantially equal parenting time, whereas states such as Arizona, Georgia, and Louisiana do require joint custody orders to result in substantially equal parenting time where feasible.
: legal custody and physical custody. Physical custody, designates where the child will live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Often one parent will retain physical custody, while sharing joint legal custody
with the other parent. The noncustodial parent is typically required to pay child support
, and visitation
is arranged.
The noncustodial parent might live in the same city as their child or reside in another city, state or country. Most airlines offer “unaccompanied minor
” services for children traveling without a parent, guardian, or another trusted adult. The age requirements generally used by the airlines are between the ages of five and eleven years old (and sometimes up to 15 - it is always advisable to contact the airline to make sure that they accept unaccompanied minors as passengers). Fees charged for unaccompanied minor services are usually assessed per direction and have been doubled with the downturn of the US economy. http://airtravel.about.com/cs/safetysecurity/a/Unaccompanied.htm
Student education records are official and confidential documents protected by one of the nation's strongest privacy protection laws, the Family Educational Rights and Privacy Act (FERPA)http://nces.ed.gov/pubs97/web/97859.asp. FERPA, also known as the Buckley Amendment, defines education records as all records that schools or education agencies maintain about students. FERPA gives parents the right to review and confirm the accuracy of education records and applies to public schools and state or local education agencies that receive Federal education funds, both paper and computerized records. In addition to the Federal laws that restrict disclosure of information from student records, most states also have privacy protection laws that reinforce FERPA. State laws can supplement FERPA, but compliance with FERPA is necessary if schools are to continue to be eligible to receive Federal education funds.
FERPA gives both parents, custodial and noncustodial, equal access to student information unless the school has evidence of a court order or state law revoking these rights. When students reach the age of 18, or when they become students at postsecondary education institutions, they become "eligible students" and rights under FERPA transfer to them. However, parents retain access to student records of children who are their dependents for tax purposes.
In the case of divorce or separation, a school district must provide access to both natural parents, custodial and non-custodial, unless there is a legally binding document that specifically removes that parent's FERPA rights. In this context, a legally binding document is a court order or other legal paper that prohibits access to education record, or removes the parent's rights to have knowledge about his or her child's education.
Custody or other residential arrangements for a child do not, by themselves, affect the FERPA rights of the child's parents. One can best understand the FERPA position on parents' rights by separating the concept of custody from the concept of rights that FERPA gives parents. Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents' right of access to and control of education record related to the child.
Generally, a school is not required to provide parents copies of records. However, if the distance is great enough to make it impractical for the parent to visit the school to review the record, the school must make copies of the record and send them to the parent when that parent requests access to the record. Additional frequently asked questions about the rights of non-custodial parents can be found here.
US specific:
A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody
Legal custody
-Prisoners:See of the Prison Act 1952.In section 4 of the Official Secrets Act 1989, the expression "legal custody" includes detention in pursuance of any enactment or any instrument made under an enactment.-Children:See of the Children Act 1975....
, physical custody, or visitation
Visitation
Visitation may refer to:In history:* Heraldic visitation, tours of inspection to establish the right of a person to bear arms, and are used today in genealogical research.In law:...
with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. Where the child will only live with one of the parents, sole physical custody is ordered, and the parent with which the child lives is the custodial parent, the other parent is the non-custodial parent.
Note, however, where the child will live with both parents, joint physical custody is ordered , and both parent are custodial parents. In the case of joint physical custody a 50/50 equal shared parenting schedule is typically not required, therefore the joint custodial parent may have the minority of time with the child but not be said to be a non-custodial parent. For example, states such as Alabama, California, and Texas do not necessarily require joint custody orders to result in substantially equal parenting time, whereas states such as Arizona, Georgia, and Louisiana do require joint custody orders to result in substantially equal parenting time where feasible.
Child Custody and Visitation
There are two kinds of child custodyChild custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
: legal custody and physical custody. Physical custody, designates where the child will live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Often one parent will retain physical custody, while sharing joint legal custody
Joint custody
Joint custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are custodial parents and neither parent is a non-custodial parent, or, in other words, the child has two custodial parents. In the United States, many states recognize two forms of...
with the other parent. The noncustodial parent is typically required to pay child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
, and visitation
Contact (law)
In family law, contact is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child...
is arranged.
The noncustodial parent might live in the same city as their child or reside in another city, state or country. Most airlines offer “unaccompanied minor
Unaccompanied minor
An unaccompanied minor is a child without the presence of a legal guardian. This term is used in immigration law and in airline policies. The specific definition varies from country to country and from airline to airline.-Immigration Law:...
” services for children traveling without a parent, guardian, or another trusted adult. The age requirements generally used by the airlines are between the ages of five and eleven years old (and sometimes up to 15 - it is always advisable to contact the airline to make sure that they accept unaccompanied minors as passengers). Fees charged for unaccompanied minor services are usually assessed per direction and have been doubled with the downturn of the US economy. http://airtravel.about.com/cs/safetysecurity/a/Unaccompanied.htm
Family Educational Rights and Privacy Act (FERPA)
Family law differs from state to state, and noncustodial parents are a diverse population, with many factors affecting custody arrangements, from which parent is awarded custody to negotiating visitation schedules. A noncustodial may have difficulty in accessing medical records, educational status and other information regarding their child, but there is some federal legislation which supports the rights of a noncustodial parent who retains legal custody of their child.Student education records are official and confidential documents protected by one of the nation's strongest privacy protection laws, the Family Educational Rights and Privacy Act (FERPA)http://nces.ed.gov/pubs97/web/97859.asp. FERPA, also known as the Buckley Amendment, defines education records as all records that schools or education agencies maintain about students. FERPA gives parents the right to review and confirm the accuracy of education records and applies to public schools and state or local education agencies that receive Federal education funds, both paper and computerized records. In addition to the Federal laws that restrict disclosure of information from student records, most states also have privacy protection laws that reinforce FERPA. State laws can supplement FERPA, but compliance with FERPA is necessary if schools are to continue to be eligible to receive Federal education funds.
FERPA gives both parents, custodial and noncustodial, equal access to student information unless the school has evidence of a court order or state law revoking these rights. When students reach the age of 18, or when they become students at postsecondary education institutions, they become "eligible students" and rights under FERPA transfer to them. However, parents retain access to student records of children who are their dependents for tax purposes.
In the case of divorce or separation, a school district must provide access to both natural parents, custodial and non-custodial, unless there is a legally binding document that specifically removes that parent's FERPA rights. In this context, a legally binding document is a court order or other legal paper that prohibits access to education record, or removes the parent's rights to have knowledge about his or her child's education.
Custody or other residential arrangements for a child do not, by themselves, affect the FERPA rights of the child's parents. One can best understand the FERPA position on parents' rights by separating the concept of custody from the concept of rights that FERPA gives parents. Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents' right of access to and control of education record related to the child.
Generally, a school is not required to provide parents copies of records. However, if the distance is great enough to make it impractical for the parent to visit the school to review the record, the school must make copies of the record and send them to the parent when that parent requests access to the record. Additional frequently asked questions about the rights of non-custodial parents can be found here.
Further reading
- Gustafson, Diana L. Unbecoming Mothers: The Social Production of Maternal Absence. Routledge Press, 2005.
- Pagano, Annette. Journeys of Women Without Custody From Ambivalence to a Renewed Sense of Self
- Hart, Sarah A Mother Apart: How to let go of guilt & find happiness living apart from your child.
- Weyant, Nicole. Striving for Peace: Managing Conflict in Non-Custodial Homes
See also
- ParentParentA parent is a caretaker of the offspring in their own species. In humans, a parent is of a child . Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child...
- Supervised visitationSupervised visitationSupervised visitation allows parents in high conflict or high risk situations access to their children in a safe and supervised environment. The noncustodial parent has access the child only when supervised by another adult...
- Physical Custody
- Joint custodyJoint custodyJoint custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are custodial parents and neither parent is a non-custodial parent, or, in other words, the child has two custodial parents. In the United States, many states recognize two forms of...
- Child custodyChild custodyChild custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
- Child supportChild custodyChild custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
- "Deadbeat parents"
- Parental Alienation syndromeParental alienationParental alienation is a social dynamic, generally occurring due to divorce or separation, when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible...
- Parenting CoordinatorParenting coordinatorParenting coordinator is a relatively new practice that is used, in some US states, to manage on-going issues in child custody and visitation cases by professional psychologist or a lawyer assigned by the Court...
US specific:
- Elk Grove Unified School District v. NewdowElk Grove Unified School District v. NewdowNewdow v. United States Congress, Elk Grove Unified School District, et al., 542 U.S. 1 , was a lawsuit originally filed in 2000 which led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of...
- Fathers' rights movement in the USAFathers' rights movement in the USAFathers' rights activists provide education, support and advocacy on issues of child custody, access, child support, domestic violence and child abuse and family court issues...
- Bradley AmendmentBradley AmendmentIn United States law, the Bradley Amendment requires state courts to prohibit retroactive reduction of child support obligations...
- Child custody laws in the United StatesChild custody laws in the United StatesChild custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child...
- Uniform Child Custody Jurisdiction And Enforcement ActUniform Child Custody Jurisdiction And Enforcement ActThe Uniform Child Custody Jurisdiction And Enforcement Act is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, and the U.S. Virgin Islands. The Act became effective...
Legal Information
- FERPA: Rights of Non-Custodial Parents in the Family Educational Rights and Privacy Act of 1974
- Your Rights as a NonCustodial Parent
- US Dept of Health & Human Services: Promoting Responsible Fatherhood
- Iowa custody code
- IRS Frequently Asked Questions
- Facts Court Watch
- College: Divorce and Financial Aid
Additional Resources
- NonCustodial Parent Community
- National Association of Non-Custodial Moms, Inc.
- Alliance for Non-Custodial Parents Rights
- Separated Parenting Access and Resource Center
- Parents get in the way
- Coping as a NonCustodial Parent
- Glenn Sacks blog
- Being an Involved Non-custodial Parent
- Involved Non-custodial Parents: Tips for Strengthening Your Bond Even While You Are Apart From One Another
- Moms Over Miles