There are a lot of pop culture myths about custody and visitation. If you’re a noncustodial parent—meaning your child’s other parent has full physical and legal custody—it’s important to know your rights and responsibilities.
Petitioning for custody or visitation
Parents generally have the right to petition for custody and visitation, subject to specific state procedural laws and past judgements. While many people believe that the custodial parent has the right to determine when and how the noncustodial parent can see the kids, that’s not necessarily true.
As a parent, you’re not guaranteed custody and visitation, but you do have the right to request it. Generally, courts determine custody and visitation based on the best interests of the child. They tend to favor arrangements where both parents get to spend time with their children, as long as it’s safe. For example, if a noncustodial parent is deemed ineligible for custody but suitable for visitation, the court may grant supervised or unsupervised visitation.
Financial support
Parents are also jointly financially responsible for paying for their child’s upbringing. The noncustodial parent often must pay child support to the custodial parent, which is then used to offset the costs of raising a child.
Child support is awarded based on income or potential income, and can be modified when circumstances change. For example, if you’re ordered to pay child support but later become permanently disabled and unable to work, the court may modify the support agreement.
Finally, it’s important to remember that just because you pay child support does not mean a court will grant custody or visitation time. These are separate determinations, and for best results, you should have a child custody attorney advocate on your behalf.
When you need help negotiating custody arrangements, the trusted custody lawyers at Appelhof, Pfeifer & Hart, P.A. in St. Paul, MN can advocate for you and your child. Call today to get started.
