The custodial parent is the term that is used for the parent that has primary physical custody of a child. Typically the child resides with the custodial parent.
The term non-custodial parent is used for the parent that has the child for a lesser amount of time. Typically the child does not reside with the non-custodial parent except during the time that the non-custodial parent exercises his/her visitation right with the child.
Typically, the child is either with the custodial parent or the non-custodial parent but not both. This arrangement comes as a result of the separation of the parents and both parents maintaining separate residences. The child resides with the custodial parent most of the time and the non-custodial parent spends time with the child during periods of child visitation. This way, both parents get to spend time with the child despite having separate residences.
What factors go into determining custody and visitation?
The primary consideration is, "What is in the best interest of the child?" The focus is from the viewpoint of the child as opposed to the wants and desires of one parent or the other.
Some states have established a general rule that it is in the best interest of a child to have continuing and frequent contact with both parents and the parent who is most supportive of this concept becomes the custodial parent. If one parent attempts to undermine the relationship between the child and the other parent, this factor could be considered in providing custody or additional visitation to the other parent. In California, the impact of a proposed move on a noncustodial parent’s relationship with his children may be considered a relevant factor in determining what is in the best interests of the child.
The best interest of a child is determined on a case-by-case basis upon consideration of all relevant facts concerning the circumstances of both parents.
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