• Non-custodial parent rights depend on

whether the parent has joint legal custody

with the custodial parent. There are two types
of custody: physical custody and legal custody.
Physical custody refers to where a child
actually lives most of the time, while legal
custody refers to a parent's right to make
decisions about a child's upbringing and
general wellbeing.
• Parents can have sole physical custody or joint
physical custody, or sole legal custody or joint
legal custody.
• When a parent is said to be non-
custodial it generally refers to physical custody
and means that the other parent has sole
physical custody of the child.
• . If a non-custodial parent—or one without
joint physical custody—is also without joint
legal custody, then often the only
absolute right of the non-custodial parent is to
enjoy visitation with the child as ordered by
the court.
• However, it is also true that regardless of what 
type of custody the parents have, each parent's
rights with regard to where a child spends time are
limited to the custody agreement or custody
order. Therefore, if the agreement or the order
state that the child is to spend weekdays with one
parent and weekends with the other, both parents
have equal rights to have the child during the time
allotted them regardless of who has physical or
legal custody.
• The non-custodial parent has a right to enjoy
visitation with the child which is as important
as the time the child spends with the parent
who provides primary residence.
• The parent with sole custody may not deprive
a non-custodial parent of visitation by not
producing the child any more than a parent
without custody can fail to return a child after
a weekend of visitation.
• . Either parent may be found in violation of
the court order and may be found in contempt
of court for failure to allow the child court
ordered time with the other parent.
• In fact, a parent with sole custody who fails to allow the
non-custodial parent court-ordered visitation time may
lose physical custody of the child This is because the
court often sees deprivation of visitation as an attempt
by the custodial parent to stifle the child's relationship
with the non-custodial parent. Courts recognize that
healthy relationships with both parents are in the best
interests of children, and sometimes change child
custody orders so that the parent most willing to
allow the child a relationship with the other parent has
more time with the child.
• Rights of a Non-Custodial Parent with Joint Legal Custody
• A non-custodial parent who despite having no physical
custody of the child does have joint legal custody has more
rights than a non-custodial parent without legal custody. A
non-custodial parent with joint legal custody has the right
to share in important decisions in the upbringing of the
child along with the custodial parent, such as decisions
about education, religion, and important medical
decisions. Parents with joint legal custody are expected
to partake in the raising of the child regardless of where
the child spends most of his or her time.
• Rights of a Non-Custodial Parent without Legal Custody
• A non-custodial parent without joint legal custody of the child
may not be entitled to participate as significantly in the child's
upbringing. Since most modern courts award joint legal
custody to parents, a parent without joint legal custody is likely
to have been deprived of legal custody for a reason, such as a
history of domestic violence or drug abuse or perhaps notable
inability or unwillingness to parent. Therefore, the overall
rights of that parent may be deliberately limited by the court
with the idea that the participation of that parent in the child's
upbringing isn't in the best interest of the child.
• However, a non-custodial parent without legal custody who was not
deprived of legal custody due to a history of abuse or a similar
reason may find it easier participate in the child's upbringing to
some extend. For example, the parent may be able to
request information about the child's wellbeing from the custodial
parent, such as reports from school, medical information and the
like. A non-custodial parent who desires information about the well
being of a child in the form of report cards or physical health
updates should request such information from the custodial parent,
as long as the non-custodial parent has not been ordered to refrain
from such communication by a court. A non-custodial parent should
not make trivial or frequent requests, as they may be seen
as attempting to harass the custodial parent.
• Information for Non-Custodial Parents
• If a custodial parent refuses to provide information about the
child to the other parent, where the information is
important, a non-custodial parent without joint legal custody
may bring the matter to the court's attention with a request
to order the custodial parent to provide reasonable
information. However, this should be discussed with a lawyer,
a parent should not file such a motion on their own. This is
because circumstances surrounding the custody arrangement
may dictate that such a request would be unwise, and in
some cases could result in reprimand by the court.
• In addition, some states may allow non-
custodial parents certain rights. Some
state courts provide information on these
rights in a self-help department at the local
court house. The clerk of the family court will
likely direct a parent to the best source for
custody-related information. Otherwise, a
local family law attorney or child custody
lawyer has access to this information.