If you are involved in a custody dispute, you should understand the roles of custodial and non-custodial parents in New Haven. Depending on the court’s orders, you may have different rights and responsibilities concerning your child than you are accustomed to. If you are going through a divorce or separation from your partner, reach out to a skilled child custody attorney for help understanding your role as a parent.
There are two types of child custody, legal and physical. Legal custody is the ability to make major life decisions for your children, including choices about medical care, education, and religion. Physical custody determines where the child resides.
In a custody action, the court will determine whether both parents should have joint or sole legal custody. The court also decides whether one parent will have primary physical custody or both parties will have 50-50 shared physical custody.
In cases where the court rules that the child will have primary residence with one parent, the other party can be awarded visitation rights. A knowledgeable attorney can help parents understand the complexities of child custody.
Legal custodial parents have the right to be involved in the child’s major life changes. This includes being consulted on any changes in the child’s living situation.
Minor children primarily reside with the physical custodial parent, who is responsible for caring for the minor child outside of the visitation time that is specifically awarded to the other parent. Any parent with questions about their rights and responsibilities regarding custody should get in touch with a local attorney.
The responsibilities and rights of a non-custodial parent are generally laid out in the custody agreement. A parent without legal custody typically does not have to be consulted on decisions involving issues such as education or medical needs.
Additionally, a physical non-custodial parent’s visitation rights are determined by an agreed schedule or court order. These parents are not permitted to visit their child any time outside of their specified visitation times.
Non-custodial parents often still have child support obligations. A person without legal or primary physical custody may have to make periodic payments to the other party according to the court’s orders. Non-custodial parents should contact a lawyer if they are unsure about their role in their children’s lives.
In New Haven, spouses are presumed to be the parents of any children born during their marriage. However, if the parents are not married, the father is not presumed to have any legal custodial rights, especially if the mother does not list him on the birth certificate. In this scenario, the father would have to fight to be recognized as a legal parent.
Only after a father is recognized as a parent can he pursue legal or physical custody rights. An attorney can fight for a father’s right to be involved in his child’s life and become a custodial parent.
The purpose of child custody is to address disputes involving minor children. When two parties fulfill their roles properly, it can have a positive impact on the child. Call our office to discuss the roles of custodial and non-custodial parents in New Haven.
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