A non-custodial parent is the parent who does not have primary custody of a child. This parent may or may not have a set parenting time schedule.
There are some circumstances in which the non-custodial parents will have some limited legal rights in terms of their ability to make decisions on behalf of the child. However, except in special circumstances, non-custodial parents will still have basic rights (in accordance with a custody or visitation order) such as:
- The right to parenting time/visitation
- The right to spend time with a child on certain holidays
- The right to access the child’s medical and educational records
- The right to pay child support in a manner appropriate for their level of income
- Other rights as defined in the child custody order specific to the relationship
Judges will take a variety of factors into consideration when determining custody arrangements and parenting time schedules, focusing first and foremost on what is in the child’s best interest. But unless there is any reason to believe spending time with the parent would put the child at risk or would otherwise not be in their best interest, the above rights will not be infringed upon by the court. The custodial parent is expected to be respectful of these rights and not stand in the way of the non-custodial parent maintaining a relationship with the child.
For more information about your rights as a parent, even a non-custodial parent, we encourage you to contact a trusted Minnesota divorce attorney at Appelhof, Pfeifer & Hart, P.A.
