Non Custodial Parent Rights

Tierney Law Group

A parent designated as the non custodial parent has limited visitation and other custodial rights. In California, the non custodial parent does not have a legal right to have their children live with them. They also are not involved in the important life choices regarding the child in question.

Because of these limited visitation and custodial rights, they sometimes become a root for conflicts between both parents.

What Is a Non Custodial Parent?

The non-custodial parent is a parent not allowed to have their children permanently reside with them.

When parents do not have shared custody, one parent is the custodial and the other is the non-custodial parent. Although the non-custodial parent does not have physical custody, they do have two primary rights — legal custody and visitation.

A Dublin family law attorney can help you understand your non-custodial rights.

Non Custodial Rights

Parents in California sometimes share the right of custody, management, companionship, and care of their children. When it is shared, it is called shared or joint custody.

Other forms of custody are custodial and non-custodial. The non-custodial parent loses the right to make decisions regarding the care and control of their child.

Visitation Rights and Guidelines for Non Custodial Parents

As a non custodial parent, you still have the right to let your opinion regarding your child’s upbringing be heard. That is unless your legal parental rights have been completely terminated.

While you were still married, all the biggest child-rearing choices were made together. However, now that you are divorced, and as the non-custodial parent, you have the legal rights to the following:

  • If your child needs to be enrolled at a specialized institution for learning
  • Or if a tutor needs to be hired to help your child learn
  • What church they go to, or the religious beliefs your child is instilled with
  • The kind of healthcare services your child should receive

As the non-custodial parent, you have one more primary right. That is the right to visitation with your child.

Visitation can be a physical visit, video call, text, or talking on the phone. Normally visitation is set up as one or two weekends a month; yet, it can be as often as desired.

The custodial parent is responsible for the day-to-day activities. Yet, as the non-custodial parent, you have the right to be in on bigger, more significant decisions.

Types of Visitation

In California, there are three types of visitations:

  • Schedule
  • Reasonable Visitation
  • Supervised visitation.

During the custody hearing, the judge allows parents to describe reasonable visitation. An order of reasonable visitation is then awarded, permitting the non-custodial parent with reasonable time to visit their child.

When a Custodial Parent Interferes

Call a Dublin family law attorney if the custodial parent interferes with your visitation rights. The custodial parent has the right to ensure the non-custodial parent abides by the custody order. However, if they interfere with the non-custodial person’s rights, an attorney can help.

Custodial interference comes in many forms. Such as not allowing the non-custodial parent to have contact via phone or the internet. Another way is when the custodial parent does things to entice the child to avoid contact with the other parent. A Dublin family law lawyer can help ensure visitation rights non-custodial parents have. If the custodial parent is interfering with your rights, call the Tierney Law Group. Call us today and end illegal interference that violates your rights as a non custodial parent.

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