FAQs about a Custodial Parent

FAQs about a Custodial Parent

This article will discuss what the term custodial parent in child custody means, the rights and responsibilities of the custodial parent as well as receipt of child support.
 
Generally, people have a limited understanding of what the term custodial parent means in respect of child custody. As a result most people often misunderstand what the term means. This article will discuss what the term custodial parent in child custody means, the rights and responsibilities of the custodial parent as well as receipt of child support.
 
The term custodial parent refers to “a parent with sole custody in a child custody case, or if joint custody is awarded it refers to the parent with the majority of the parenting time”. At times this term is misunderstood because courts might refer to one parent as the custodial parent in the legal documents but to truly be the custodial parent a parent would need to be awarded sole custody or in joint custody arrangements, the parent is the one with more parenting time than the other parent.
 
A common question arises in respect of child custody as to whether there is always a custodial parent in such arrangements?  It must be noted that in most joint custody arrangements physical custody is split equally between both parents neither parent is established as the primary custodial parent. This is because both parents have an equal role as a custodial parent in the custody arrangement. Therefore, neither parent has more authority than the other. And no parent is called the primary custodial parent or non-custodial parent.
 
Legal custody on the other hand is not necessarily designated to one parent. It is possible for legal custody to be split equally between both parents even if one is the custodial parent. Legal custody basically gives a parent the authority to make decisions about bigger long term issues. For example, in respect of schools to be attended, extracurricular activities as well as religion. If the primary custodial parent and the non-custodial parent do not have shared legal custody then they need to communicate about these matters to each other. “The application of the term custodial parent is only in physical custody, legal custody is separate”.
 
If the custodial parent shares legal custody with the other parent, then the custodial parent is responsible for all aspects of physical custody of the child. However, major decisions implied by having shared legal custody need to be worked out with the non-custodial parent.
 
If the custodial parent has sole custody of the child, which means sole physical custody and sole legal custody, then the custodial parent’s rights are increased. And the custodial parent does not need to get approval from the non-custodial parent about big decisions.
 
Another aspect with regards to the custodial parent is whether or not the custodial parent always gets child support. One article stated that, it is important to note that “it is possible that the non-custodial parent might receive child support from the custodial parent. Child support formulas are dependent not only on the amount of parenting times that each parent has but also on their incomes. Therefore, if the non-custodial parent makes significantly less money than the custodial parent it is possible that the custodial parent could pay the non-custodial parent child support. However, each state’s laws differ”.
 
Another question that is asked is whether women are typically appointed the custodial parents? It is important to note that there has been a lot of changes in child custody arrangements over the past 200 years. And in the 19th century men typically got custody of the children if a marriage dissolved. Today, women are still typically awarded custody more than men, however, there is a large shift toward joint custody.
 
For legal advice and representation in respect of a simple divorce, contact a family law firm that specializes in divorce and meet Toronto divorce lawyer today.
 
About the company:
The Bluetown Law Firm is a law firm of renowned professionals who specialize in family law and divorce matters. For legal advice and representation for uncontested divorce lawyer speak to an uncontested divorce lawyer today.

 
This press release has been viewed 251 times on PR Buzz.