Does a non custodial parent have parental rights?

Answer 1

Sure they do. They have the right to pay support, and they also have the right to visitation unless a court has denied a parent those rights. The custodial parent is the parent having physical custody of the child and usually that parent has sole legal custody. The child lives with a parent having custody, but still may see the non-custodial parent.

Clarification

It depends on several factors including marital status, what type of custody you are referring to and the details in the court orders, if any. One parent may have primary physical custody with both parents having joint legal custody. There are different arrangements.

If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.

Generally, if the parents are unmarried and have never been to court the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

Answer 2

Their rights are set forth in several different areas such as the laws of the state that has jurisdiction over the child, federal law regarding travel out of the country,court orders for custody and visitation and divorce agreements. Any deviation from them would have to be addressed by a court order.

If they have joint legal custody they have the right to be included in all decisions that affect the child, the right to access school records and medical records, etc. They have visitation or shared custody rights as set forth in the visitation order, custody order or separation agreement associated with a divorce.

Fathers who have visitation rights but not legal custody have the visitation rights and any other rights set forth in the visitation order, custody order or separation agreement associated with a divorce. SEe the related question for a more detailed explanation of custody.

They also have rights including but not limited to the following:

following rights:

• To petition for more parental time with their child[ren], or an adjustment in child support.
• The right to see all of their medical records and school records and attend all school meetings and activities.
• You also have the right in most states to ask the court to prevent your child from being moved so as to interfere with your visitation rights and involvement in the child's life.
• If the custodial parent wants to travel out of the country with the child they have the right to be informed and the other parent needs their consent in writing.

Answer 3

If you and your ex both have the children it is not unusual for the father to pay child support. Don't forget, the ex has to go to work to provide for those children in most cases and that is a large cost. There is day care for the children, buying clothes, schooling, food, etc. It's tough. However, if you are the one looking after your children 100% you need to find legal council because you shouldn't be paying your ex any money! All child support goes to the child(ren.) Marcy

Answer 4

AnswerMost father's have a lot of rights. If the father is into drugs, hangs out with the wrong crowd, is an alcoholic, has been connected with sexual abuse (not accusing you of any of these things) then he would be granted joint custody of his children. Most courts want the children to see both parents. To children when parents divorce it's tough on them and it's still "mom and dad" to them. Both of you should be mature enough to do what is right for the children and get over the frustrations and anger of past history in your relationship.

Good luck Marcy

A good father has just as many rights as a good mother in the eyes of the court. The best advice during a custody battle is to remember what's best for the child(ren). The courts will give custody to the parent that is more willing to work with the other 9 times out of 10. If the judge sees that one parent isn't willing to work on simple issues with the other then that parent will more than likely get less visitation.

In what state?

Answer 5

Check with your state, there are some Federal Laws. In most states, unless there is a court order banning you from the information - you have a right to: Report cards and progress reports Results of intelligence and achievement tests Notification of: Referral for special needs assessments Enrollment in a transitional bilingual program Absences Illnesses Detentions, suspensions or expulsion Permanent withdrawal from school

Answer 6

Generally, the custodial parent has the right to make all legal, medical, educational, etc., decisions for their child. Generally, they do not have the right to move from the jurisdiction without the consent of the court.

Answer 7

Generally, a "non-biological" parent only has rights if there was a legal adoption.