Legal Definitions - noncustodial parent

A non-custodial parent is a parent who does not live with their children for most of the time. This usually happens after a divorce or separation, where one parent has primary physical custody of the children instead of sharing joint custody.

Even though the non-custodial parent does not live with their children, they are still responsible for financially supporting them. They may also have visitation rights to see their children on a schedule agreed upon in the custody arrangement.

It's important to note that physical custody is different from legal custody. A non-custodial parent may still have legal custody of their children, even if they do not have physical custody.

After a divorce, Sarah was awarded primary physical custody of their two children. John, her ex-husband, became the non-custodial parent. He still pays child support and has visitation rights to see his children on weekends.

This example illustrates the definition of a non-custodial parent. John does not live with his children for most of the time, but he is still responsible for financially supporting them and has visitation rights to see them on a schedule agreed upon in the custody arrangement.