Rights And Reponsibilities Of Both The Custodial And Non-Custodial Parent

After the divorce is final, and child custody is being dealt with, it's a good idea to make sure you're aware of what rights are conveyed by the status "Custodial Parent." By its most basic definition, this term denotes the primary caregiver, or the parent with whom a child primarily lives, but there's more to it than that. Once you fully understand your rights and responsibilities as the custodial parent, you'll be better prepared to decide if you're really capable of living up to it.

Basic Responsibilities

You know what's expected of you as a parent, but the legal statutes still need to be discussed so that it's clear what the non-custodial parent is expected to provide. Essentially, a custodial parent is expected to provide a clean, safe living environment, cover day-to-day expenses associated with raising a child, and ensure they are enrolled and attending school full time. This can sound as though there are no other responsibilities left for the non-custodial parent to worry about, but nothing could be further from the truth.

Even though a child doesn't live with their non-custodial parent, they do have responsibilities to bear where the raising of their child is concerned. These include providing monetary support to assist in covering the costs of clothing, household bills, medical expenses and the like. In some states, these responsibilities extend to requiring that a child be added to medical insurance policies.

Essential Rights

As a custodial parent, there are few rights denied to you, as you are responsible for virtually all aspects of your child's care. However, some rights do require special clarification and documentation from the courts in order to enforce them. These include the right to refuse visitation to the non-custodial parent, and the right to move across state-lines with your child. Both of these require that you have a court order which details these actions, and any limiting factors of their exercise.

For non-custodial parents, most judges and child custody courts will expect that responsibilities be met in order to assume the exercise of any parental rights. While most custody agreements outline specific visitation periods, dates, times and special considerations, it's possible to lose some or all of your rights if you don't live up to the expectations of the courts.

Child custody is never something that parents enjoy being in contention over. It's far better for everyone if both parents can come to an equitable and fair arrangement, so long as both parties live up to their end of the agreement. Just make sure that you're not short-changing your former spouse, regardless of whether you retain a custodial role or not. For more information, visit Patton Hoversten & Berg PA.

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