Also known as: non-custodial · non custodial · noncustodial parent · non-custodial sentence
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An interrogation or questioning not conducted while the subject is under formal arrest or equivalent restraint on freedom of movement. The classification turns on whether a reasonable person would feel free to terminate the encounter and leave.
An interrogation or questioning not conducted while the subject is under formal arrest or equivalent restraint on freedom of movement. The classification turns on whether a reasonable person would feel free to terminate the encounter and leave.
Select any source to read its text and confirm it supports the definition.
A parent who lacks primary physical custody of a child after separation or dissolution of marriage. Courts consider the financial resources and needs of the noncustodial parent when calculating child support obligations.
Select any source to read its text and confirm it supports the definition.
A parent who lacks primary physical custody of a child after separation or dissolution of marriage. Courts consider the financial resources and needs of the noncustodial parent when calculating child support obligations.
Each sense below has its own examples, sources, and questions.
Nathaniel Newman was pulled over for a broken taillight. The officer asked him to step out and stand by the road while checking the trunk. After ten minutes of questions about the visible parts, Newman made incriminating statements. Because the stop remained temporary and brief, the encounter was noncustodial and no warnings were required.
Nicole Navarro gave a statement to police at her home without formal arrest. The officer questioned her about a neighbor's complaint. Because she was not under arrest or restrained, the encounter was noncustodial and Miranda warnings were not required.
Nolan Nunez, already incarcerated on unrelated charges, spoke with an undercover officer posing as an inmate. The conversation occurred inside the jail, yet the arrangement remained noncustodial for Miranda purposes because Nunez did not know he was addressing law enforcement.
A traffic stop remains noncustodial when it is brief, occurs in public, and allows the motorist to return to driving once the encounter ends. Placing the driver in a closed patrol car or extending the stop into a formal arrest-like restraint converts the encounter into custody requiring warnings.
Supporting sources
A noncustodial setting is only one factor in assessing particularized guarantees of trustworthiness. Courts still evaluate whether the statement was made without motive to lie and whether it was corroborated by other evidence.
Supporting sources
When the suspect does not know the questioner is law enforcement, the familiar jail environment does not create the coercive pressure associated with formal custody. The key remains whether the suspect perceives the encounter as custodial interrogation.
Supporting sources
After dissolution, Noreen Nguyen became the noncustodial parent. The court examined her irregular contractor income and equipment loans when setting the support amount for the child. Those resources limited the final obligation even though the child needed specialized tutoring.
Nathan Nguyen, a noncustodial parent whose children received public assistance, sought to marry. The statute barred the marriage until support arrears were cleared. The restriction treated noncustodial parents differently based on economic status.
Nancy Nelson, the noncustodial parent, took the child to another state and petitioned for sole custody. The original decree from the home state remained enforceable because the Uniform Act and federal statute prevented forum shopping by noncustodial parents.
Courts examine the noncustodial parent's income, debts, and earning history to determine a realistic support amount. Irregular cash flow and equipment loans may moderate the obligation while still requiring a meaningful contribution consistent with historical capacity.
Supporting sources
…the events; (2) she had no apparent motive to lie; (3) her statement was made soon after the events; (4) she was questioned in a noncustodial setting; and (5) her version of the events was corroborated by other evidence. We granted certiorari. 539 U. S. 938 (2003). II The Confrontation Clause of the Sixth Amendment provides:…