Also known as: non-custodial parent · non custodial parent
Written by attorneys · grounded in primary & secondary sources — see below
A parent who does not have primary physical custody of a child after the parents' separation or divorce.
Select any source to read its text and confirm it supports the definition.
Naveen Nanda and his former spouse litigated child support after their divorce. Naveen, who sees the children only on alternate weekends, earns a steady salary but carries substantial student-loan debt. The court examined Naveen's income, expenses, and ability to contribute when fixing the monthly obligation.
Neville Norton no longer shares legal custody with the mother of his daughter. He objected to a school district's pledge recitation that he viewed as religious indoctrination. The court recognized his independent interest in the child's upbringing despite the custody arrangement.
Naomi Norton owed ongoing child support for two children living with their mother. A state statute barred her from remarrying until all arrears were paid. She challenged the law as an unconstitutional burden on her right to marry.
Natasha Nielsen sought to change primary custody after the father relocated for work. She argued the move harmed the child's stability. The court evaluated whether the noncustodial parent's changed circumstances justified altering the existing order.
Nestor Navarro fell behind on court-ordered child support. The mother initiated contempt proceedings. The court assessed whether Nestor's failure to pay was willful given his current employment and living expenses.
Nathaniel Newman faced jail time for unpaid support after a hearing at which he had no lawyer. He argued the proceeding violated due process. The court considered whether appointment of counsel was required before incarceration of an indigent noncustodial parent.
A court must consider the financial resources and needs of the noncustodial parent along with the child's resources, the custodial parent's resources, the child's pre-dissolution standard of living, and the child's physical, emotional, and educational needs.
Supporting sources
Yes. A noncustodial parent retains Article III standing to challenge government action that affects the child when the parent possesses an independent parental interest recognized by state law.
…character. Under this statute, a person's economic status may determine his eligibility to enter into a lawful marriage. A noncustodial parent whose children are "public charges" may not marry even if he has met his court-ordered obligations.[^maj-25] Thus, within the class of parents who have fulfilled their court-ordered…
…evidence-based factors and not on stereotypical presumptions of future harm. Therefore, before a trial court restricts the non-custodial parent
…his daughter, but unanimously concluded that "the grant of sole legal custody to Banning" did not deprive Newdow, "as a noncustodial parent
…I The facts of this case illustrate how difficult it can be to obtain even modest amounts of child support from a noncustodial parent. Alta Sue Adams married respondent Phillip William Feiock in 1968. The couple resided in California and had three children. In 1973, respondent left the family. Mrs. Feiock filed a petition…
…increases. Thus, I pause to remind family courts of the tenuous balance they must strike in these circumstances when a noncustodial parent's employment changes, thereby reducing his or her income. See Rohloff v. Rohloff , 161 Mich.App. 766, 411 N.W.2d 484 (1987) ("On the one hand, the courts must not unduly interfere with the…
Supporting sources
No. A statute that prevents a noncustodial parent from marrying until child-support obligations are satisfied imposes an unconstitutional burden on the fundamental right to marry.
Supporting sources
A court may modify custody only upon a showing that the change materially promotes the child's welfare. The mere fact that the custodial parent maintains a relationship disfavored by the noncustodial parent does not suffice.
Supporting sources
The court must decide whether the parent's failure to pay was willful, taking into account the parent's ability to comply with the support order at the time of the alleged violation.
Supporting sources
The Due Process Clause requires alternative procedural safeguards sufficient to protect the parent's liberty interest when the state seeks incarceration for nonpayment of support.