Also known as: non-residential parent · non residential parent · noncustodial parent · non-custodial parent
Written by attorneys · grounded in primary & secondary sources — see below
The parent who does not have primary physical custody of a child after dissolution of the parents' marriage or relationship.
After Nina and Nestor divorce, Nina receives primary custody of their son. The court calculates Nestor's support obligation by examining his equipment loans and irregular contractor income as the nonresidential parent. This assessment leads the court to moderate the award so Nestor can meet the obligation without undue hardship.
Noah, the nonresidential parent, faces a contempt proceeding for unpaid support. The court determines whether his failure to pay was willful before imposing sanctions. The proceeding turns on whether Noah can purge the contempt by satisfying the arrears.
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Noreen, the nonresidential parent, objects to the custodial parent's plan to relocate abroad with the child. The court examines whether the move would violate the nonresidential parent's rights under the custody decree. The analysis focuses on the child's best interests and the existing visitation schedule.
Noah, the nonresidential parent, objects to a school policy on religious grounds and attempts to sue on the child's behalf. The court dismisses the action because the other parent holds sole legal custody and the right to represent the child's interests.
Nestor, the nonresidential parent, is held in contempt for support arrears. The court conditions release on payment of the past-due amount. The proceeding remains civil because Nestor holds the keys to his own release.
Nancy, the nonresidential parent, faces a custody modification petition based on speculation about public perception of her lifestyle. The court refuses to change custody because the claimed harm rests on conjecture rather than evidence of actual detriment to the child.
The court must consider the nonresidential parent's financial resources and needs when determining a reasonable support amount. This factor is weighed together with the child's resources, the custodial parent's resources, the child's pre-dissolution standard of living, and the child's educational and medical needs. The evaluation produces an award that is reasonable and necessary under the governing standards.
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No. The court may set aside a portion of either parent's estate, whether marital or separate, into a trust for the children's support, maintenance, education, and general welfare when doing so serves the children's best interests. Mutual consent is not required.
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The tribunal must forward the petition and accompanying documents to an appropriate tribunal and notify the petitioner of the transfer. It may not simply dismiss the petition or return it without forwarding.
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…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…