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Children and the Law
Child Support

What are the rights of dads who are the non-custodial parent?

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2013-06-18 14:29:28
2013-06-18 14:29:28

Their rights are set forth in several different areas such as the laws of the state that has jurisdiction over the child, federal law regarding travel out of the country,court orders for custody and visitation and divorce agreements. Any deviation from them would have to be addressed by a court order.

If they have joint legal custody they have the right to be included in all decisions that affect the child, the right to access school records and medical records, etc. They have visitation or shared custody rights as set forth in the visitation order, custody order or separation agreement associated with a divorce.

Fathers who have visitation rights but not legal custody have the visitation rights and any other rights set forth in the visitation order, custody order or separation agreement associated with a divorce. SEe the related question for a more detailed explanation of custody.

They also have rights including but not limited to the following:

following rights:

  • To petition for more parental time with their child[ren], or an adjustment in child support.
  • The right to see all of their medical records and school records and attend all school meetings and activities.
  • You also have the right in most states to ask the court to prevent your child from being moved so as to interfere with your visitation rights and involvement in the child's life.
  • If the custodial parent wants to travel out of the country with the child they have the right to be informed and the other parent needs their consent in writing.
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A noncustodial parent cannot sign his rights over to his parents or voluntarily terminate his parental rights. He needs the permission of the court and the custodial parent.

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If there is no court mandated agreement that ensures the noncustodial parent visitation rights, then yes they can.

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what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport

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If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.


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