What Types of Laws Cover the Rights of Noncustodial Parents?


Quick Answer

The rights of noncustodial parents fall under the family law category, according to Lawyers.com. These laws deal with the requirement for child support, visitation and involvement in important life decisions. A family court oversees custody cases and issues court orders based on its findings after both parties present their concerns.

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Full Answer

After both parties appear in family court, the court drafts a custody order that explains the visitation rights of the noncustodial parent, as Lawyers.com explains. This generally includes which holidays the noncustodial parent can have the child as well as the school activities and extracurricular activities that the noncustodial parent can attend.

The majority of states have two types of custody: legal and physical. Physical custody means the child lives with that parent most of the time. Legal custody means the parent has the right to make important decisions regarding the child, such as religious affiliation, as noted by Lawyers.com.

Family law also covers the obligations of parents to pay child support. Laws also mandate that even if the custodial parent refuses visitation, the noncustodial parent must not withhold child support as retaliation. When either parents wants to make a modification of any order, they have to petition family court and provide evidence concerning why the order needs modification, Lawyers.com notes.

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