Nothing is more important than properly resolving the custody of your child. As a divorced parent, it’s crucial to understand the rights of custodial parent vs. non-custodial parent.
In this guide, we’ll explore the rights and responsibilities of custodial and non-custodial parents. We’ll examine co-parenting strategies, define legal and physical custody, and discuss the importance of working with a family law attorney so you can be fully informed throughout your custody dispute.
Speak with an experienced child custody attorney about your rights as a parent during divorce.
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What Is A Custodial Parent?
After a divorce or separation, the child resides with the custodial parent most of the time.
As the primary caregiver, this parent is responsible for the day-to-day care of the child. That parent is referred to as the Parent of Primary Residence (PPR); the other parent is referred to as the Parent of Alternate Residence (PAR).
The law generally views the custodial parent’s home as the child’s primary residence. As a result, custodial parents are legally responsible for making decisions about the child’s welfare, education, and health. In reality, in New Jersey, both parents are responsible for the children, but the PPR makes day-to-day decisions.
What Is A Parent of Alternate Residence?
While a non-custodial parent does not have primary physical custody of the child, they are not absent from the child’s life. Non-custodial parents often have visitation rights (including overnights), allowing them to maintain regular contact with the child. In addition, they may have obligations to pay child support payments.
Depending on the court’s decision, they may also contribute to important decisions about the child’s life, especially when joint legal custody is awarded.
How Custody Is Determined by Courts
When parents cannot agree on custody during a divorce, the court decides which arrangement is best for the child. Judges consider the following factors to make a fair and informed decision:
- The child’s age and needs
- Each parent’s ability to care for the child
- The child’s relationship with each parent
- Stability of each parent’s home environment
- Each parent’s work schedule and availability
- Any history of abuse, neglect, or substance use
- The child’s preference (depending on age and maturity)
- How well the parents communicate and cooperate
- Each parent’s willingness to support the child’s relationship with the other parent
Types of Child Custody
Child custody is primarily divided into physical and legal custody. Physical custody determines where the child lives, while legal custody refers to decision-making authority regarding the child’s education, health care, and religious affiliation.
Physical Custody
Physical custody determines where the child will primarily live, ensuring stability and continuity in their daily life. The parent with physical custody usually attends to the child’s daily needs and activities.
Courts can grant sole physical custody to one parent or joint physical custody, where the child’s time is divided between their parents’ homes.
Legal Custody
Legal custody grants parents the right to make important decisions about their child’s life, including schooling, medical care, and religious practices.
Joint legal custody supports the involvement of both the custodial and noncustodial parent in the child’s upbringing and encourages cooperative decision-making.
Joint Custody vs. Sole Custody
In joint custody arrangements, both parents share physical and/or legal custody of the child, requiring them to coordinate over various aspects of the child’s life.
Common joint custody schedules may include:
- Alternating weeks: The child spends one week with each parent.
- 2-2-3 schedule: Two days with one parent, two with the other, then three days alternating each week.
- Weekdays/weekends split: One parent has weekdays, the other has weekends.
- Split holidays and school breaks: Time is evenly divided during vacations and holidays.
Joint custody allows the child to build strong relationships with both parents and ensures they each have a say in major decisions about the child’s life. This arrangement also encourages teamwork and communication. However, it can be challenging if parents live far apart, struggle to get along, or cannot maintain a consistent routine for the child.
Sole legal custody, on the other hand, grants one parent both legal and physical control. This is often decided when the other parent is absent or incapacitated. The court determines custody type based on the child’s best interest to establish a stable environment for growth and development. Sole custody is not very common.
Rights of the Custodial Parent
As the primary caregiver, the custodial parent holds decision-making authority for important decisions regarding child care. They are expected to create a nurturing home environment and attend to the child’s daily physical and emotional needs.
Decision Making Authority
When joint legal custody is in place, as is most common, decisions are made in collaboration with the non-custodial parent. This cooperation ensures that all decisions are made with the child’s best interests in mind.
Primary Caregiver Responsibilities
As the PPR states, parents must address the physical and emotional needs of the child. They must provide a safe, stable home and actively participate in the child’s educational, emotional, and social development.
The PPR manages the child’s academic and medical affairs, attending parent-teacher conferences and arranging doctor’s appointments. They also coordinate extracurricular activities for the child, nurturing their physical and social growth and keeping the non-custodial parent informed.
Daily Needs & Child’s Well-Being
By overseeing the child’s daily schedule, meals, and social interactions, the PPR meets their physical and emotional needs. They also play a crucial role in modeling healthy behaviors and providing emotional support, helping the child navigate daily challenges. Of course, the PAR also has these responsibilities.
Rights of The PAR
The PAR is legally entitled to participate in major decisions about their child’s educational and medical affairs. In most cases, they are granted visitation rights in order to maintain frequent contact with the child.
Participation in Major Decisions
Despite not having physical custody, the non-custodial parent retains the right to participate in major decisions affecting the child’s life, particularly if they share legal custody. This collaboration allows non-custodial parents to maintain an active role in their child’s upbringing.
Access to Educational & Medical Records
Non-custodial parents have the legal right to access their child’s educational and medical records. By remaining updated on the child’s academic performance and health status, the non-custodial parent is able to fully engage in their life regardless of custodial status.
Visitation Rights
Visitation rights are granted to the non-custodial parent, allowing them to maintain a relationship with their child. These rights are typically detailed in a parenting plan, which outlines the frequency and duration of visits.
Courts encourage a visitation schedule that serves the best interests of the child, ensuring that emotional bonds with both parents are preserved. In New Jersey, 50-50 parenting time is presumed to be appropriate,
Responsibilities of the Parents
Each parent is responsible for the child’s day-to-day care when the child is not with them. This includes ensuring that the child attends school, receives proper healthcare, and participates in extracurricular activities.
Each parent is also expected to create a stable home environment that supports the child’s development and emotional well-being. This role may involve more administrative tasks, such as keeping records of the child’s progress and coordinating with the other parent about important developments.
Responsibilities of the PAR
While the PAR (Parent of Alternate Residence) may not have physical custody, their role in their child’s life is just as important. They are expected to follow visitation schedules, stay involved in daily matters, and provide child support payments.
Custody and Child Support
Typically, the parent who spends less time with the child (the PAR) is responsible for support payments to help cover the child’s everyday expenses. These payments ensure the child has consistent access to food, housing, clothing, medical care, education, and other essentials.
Courts use a formula to calculate child support, accounting for:
- Each parent’s income
- The number of children involved
- How much parenting time each parent has
- Health insurance and daycare costs
- Any other existing child support obligations
New Jersey uses the New Jersey Child Support Guidelines, a standardized formula that weighs both parents’ incomes and the amount of overnight time the child spends with each parent. Some states follow different guidelines or give judges more discretion, so it’s important to work with a family law attorney to ensure the best outcome for your child.
Enforcement for Child Support
If a parent fails to pay child support, the court may:
- Garnish wages
- Suspend a driver’s license
- Intercept tax refunds
- File a judgment against the non-paying parent
- In serious cases, impose fines or jail time
These measures ensure that the child’s needs are continuously met, even when conflicts arise between parents.
Children’s Bill of Rights in Divorce
The Children’s Bill of Rights in divorce is a set of guidelines that protects a child’s emotional and psychological well-being during and after a separation. It states that children have:
- The right to love and be loved by both parents without feeling guilt, pressure, or conflict.
- The right to be kept out of disputes between parents and not be used as messengers or bargaining chips.
- The right to be protected from hearing negative comments one parent makes about the other.
- The right to express feelings and have opinions about family matters in a safe and respectful environment.
- The right to regular contact with both parents, as long as it is safe and appropriate.
- The right to a stable routine and consistent expectations in both households.
- The right to not choose sides and to have a relationship with each parent without fear of judgment or retribution.
- The right to be informed—in an age-appropriate way—about changes in their living situation or schedule.
Courts and attorneys encourage parents to honor these rights to reduce stress and promote healthy development.
Modifications to Custody Arrangements
Whether due to a move, a change in employment, or the evolving needs of the child, custody modifications can be implemented through the court. Both parents must provide evidence of a substantial change in circumstances to prove that any modifications are in the child’s best interests.
Common reasons for custody modifications include:
- One parent relocating for work or family reasons
- A significant change in a parent’s income or work schedule
- Concerns about the child’s safety, health, or well-being
- A parent failing to follow the existing custody order
- The child’s needs or preferences changing with age
When requesting a custody modification, follow these guidelines to ensure the best outcome:
- Document everything: Keep records of schedule changes, communication issues, missed visits, or any concerns about the child’s well-being.
- Put your child first: Only pursue modifications that support the child’s best interests, not just convenience or personal preference.
- Talk to your lawyer: A family law attorney can help you understand your rights and build a strong case.
- Communicate with the other parent when possible: Courts look favorably on parents who attempt to resolve issues cooperatively.
- File a formal motion with the court: Verbal agreements aren’t enough. You must request a formal custody modification through the legal system.
Modifying a custody order is a legal process that requires extensive preparation. With the right support and documentation, parents can adapt custody arrangements to better serve their child’s evolving needs.
3 Co-Parenting Strategies For Divorced or Separated Parents
Cooperation and communication are essential for effective co-parenting. In order to support your child’s best interest, practice peaceful conflict resolution to minimize stressors.
Be Intentional With Cooperation & Communication
Clear communication and cooperation are key strategies for effective co-parenting. Parents should establish consistent communication and regularly update each other on the child’s needs and achievements.
Collaboration fosters a stable environment for the child, minimizing disruptions caused by the parents’ separation.
Practice Conflict Resolution
Conflicts are inevitable between divorced parents, but how they are resolved can significantly affect the child’s well-being. Parents should implement conflict resolution strategies that focus on compromise rather than confrontation.
It’s essential to protect the children by keeping them uninvolved in disputes and focusing on outcomes that benefit them. Sometimes, utilizing some of the Apps designed to allow communication is helpful.
Support Your Child’s Best Interests
Both parents should prioritize the child’s best interests in every decision they make. This includes recognizing the importance of the child’s relationship with both parents and facilitating those bonds.
Supportive actions, encouragement, and unconditional love from both parents play a crucial role in the child’s emotional and psychological health.
In New Jersey, the Courts have developed a written Bill of Rights for children, stating that children have the right to to love and be loved by both parents without feeling guilt, to be kept out of disputes, and to express feelings and have opinions. Follow these guidelines to protect your child’s emotional well-being throughout the divorce process.
Contact A Family Law Attorney
Contacting a family law attorney can provide legal insights into the complexities of custody and parental rights. An experienced lawyer will guide you through legal procedures and advocate on your behalf in any disputes to ensure the best arrangements for your child.
Know Your Parental Rights & Book A Free Consultation With Graziano & Flynn
If you’re navigating a custody dispute, Graziano and Flynn can help. Our experienced attorneys will advocate for your rights as a parent and ensure the best interests of your child are accounted for during divorce proceedings.
Book a free consultation with Graziano & Flynn and let a knowledgeable family law attorney protect your parental rights.
