If you don’t have joint custody of your child and your child doesn’t live with you, you might be wondering what rights you have as a non-custodial parent. In New York, the law does give you some rights, but you may find that you don’t have as many as you think. The truth is that non-custodial parents generally don’t have many rights.
Here’s what you need to know.
What is a Non-Custodial Parent?
A non-custodial parent is a parent who does not have primary physical custody of the child. This can be true even if they have joint or sole legal custody, meaning that they have the right to make important decisions regarding the child.
When the parents of a child do not live together, the parent that the child lives with is the custodial parent because that person has physical custody of the child. The parent who does not live with their child is the non-custodial parent because they do not have physical custody of the child. This is applicable in cases where the parents were at one time married to each other but are now divorced but is also applicable in cases where the parents were never married to each other and currently live apart.
Does the Non-Custodial Parent Have to Pay Child Support in New York?
Under New York law, both parents have a legal obligation to provide financial support to their children. In cases where there is a custodial parent and a non-custodial parent, the custodial parent’s contribution is automatically acknowledged because they are the primary caregiver, buying food, clothing, shelter, and other things that the child needs.
The non-custodial parent is usually required to pay their portion of the support for their child to the custodial parent. This is called child support. The amount and frequency of payments are typically determined during divorce proceedings but a custodial parent who was never married to the other parent can also petition the court to order the non-custodial parent to pay child support.
The amount of child support that the non-custodial parent pays is determined by a formula that takes into account the non-custodial parent’s income.
Does the Non-Custodial Parent Have a Right to Visitation with the Child?
Under New York law, it is essential that both parents have a healthy relationship with their children even if they do not live together or are no longer in a relationship. While the non-custodial parent tends to have fewer rights, in general, than the custodial parent, visitation is one right that is rarely denied.
Overall, the court will consider first and foremost what is in the best interest of the child. If there is questionable activity on the part of the non-custodial parent or if there is a history of violence, substance abuse, domestic violence, or other potentially harmful activity, the court may order supervised visitation, or it may deny visitation.
In cases where visitation is denied, the non-custodial parent may petition the court again later to request that visitation be ordered. If visitation was denied, getting that visitation started or reinstated may hinge upon anger management classes, counseling for substance abuse, or parenting classes. Once that is completed, the court will review the situation and determine if the non-custodial parent can have visitation and if the visitation will be supervised or unsupervised.
Is the Non-Custodial Parent Responsible for Health Insurance in New York?
Part of child support, according to New York law, is providing health insurance coverage for the child until he or she turns 21 years old. In most cases, it is the non-custodial parent who is responsible for health insurance.
If the child is younger than 21 and is emancipated, in the military, is self-supporting, or is married, then the parents are no longer legally responsible for supporting him or her. This means that the custodial and non-custodial parents are both relieved of their legal obligation to financially support the child.
Does the Non-Custodial Parent Have the Right to Make Important Decisions Regarding the Child?
Joint custody under New York law gives rights to both parents when it comes to making decisions about important issues that concern the child. Both parents make these major decisions jointly. Some of these major decisions include:
- Education such as school choice
- Camps for activities or summer camp
- Extracurricular activities like art classes, music lessons, and sports
- Choosing a doctor
- Deciding on medical procedures or surgeries
- Medication such as for ADHD, anxiety, and depression
- Mental health counseling
- Religious education
However, when one parent has sole custody and is the “custodial parent,” they usually make these major decisions. This is called “legal custody.” The non-custodial parent often has little say in these matters, but the custodial parent may update them regularly so that they can stay informed.
In very rare cases the court will award legal custody to one parent and physical custody to the other, but this does not happen often. In the majority of sole custody cases, one parent gets both physical and legal custody.
Does the Non-Custodial Parent Have the Right to Challenge Decisions Made by the Custodial Parent Regarding the Child in New York?
If the non-custodial parent believes that a decision made by the custodial parent is not in the best interest of the child or would be harmful to the child, he or she has the right to challenge it. This does mean that the non-custodial parent will have to take the issue to court. In such cases, having an experienced, knowledgeable family law attorney is essential.
Challenging a decision made by the custodial parent does not automatically mean that the decision will be changed, or the custodial parent will be barred from carrying it out. But if the non-custodial parent can show the potential for harm to the child, they have a better chance at winning their case. In some cases, the child may be able to give his or her opinion on the issue and describe to the judge how the decision affects them. This can be done in a closed courtroom with only the child and the judge present, or the court can appoint a guardian ad litem to represent the child. If the child is older, he or she may be able to testify so that the judge can hear their side.
Does a Non-Custodial Parent Have the Right to Request Information About Their Child and be Kept Informed About Their Life?
New York law is very supportive of ensuring that both parents have a meaningful relationship with their children. This means that the non-custodial parent can request information from the custodial parent regarding their child.
If the non-custodial parent wishes to obtain information on their child from another source such as a school or doctor, he or she may have to petition the court to be awarded that authority if the custodial parent will not provide such information.
If the custody order and divorce decree do not address whether or not the non-custodial parent has the right to control important decisions, then those rights automatically revert to the custodial parent. This is why it is important to ensure that such rights are included in the divorce decree or custody order from the start. Changing it later means going back to court and filing a petition to modify the custody order so that the non-custodial parent can also have legal custody of the child.
If you are going through a divorce or going to court for custody of your child, you need to know that it can get very complex very quickly. You need solid, reliable, compassionate legal representation with experience in handling difficult cases and a track record that shows excellence.
You need the Litvak Law Firm on your side. Contact us today at 718-989-2908 to discuss your case with a member of our legal team and get the peace of mind that comes with having legal representation you can trust. We’re in your corner.