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.
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.
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 may not have physical custody, their responsibilities are no less critical. They are expected to adhere to visitation schedules, provide (financial) child support, and remain involved in the child’s life.
By actively participating in the child’s education, attending school events, and attending medical appointments, the PAR can ensure that they remain a central figure in their child’s life.
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.
This process requires careful legal navigation to ensure fairness and adequacy when meeting the child’s new circumstances.
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, these should be rigorously followed.
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.
