custodial parent (2024)

A custodial parent is the parent that lives with and cares for their minor child for all (sole physical custody) or most (primary physical custody) of the time. This contrasts with the noncustodial parent, who might have the child on a limited basis or only have visitation rights. Some parents split physical custody equally in a joint custody arrangement, in which case both would be considered custodial parents. This type of arrangement can be made informally by the agreement of both parents or through the courts in a custody lawsuit.

Physical custody differs from legal custody, which is the right to make important decisions for and about the child. Custodial parents who have sole physical custody and sole legal custody are deemed to have sole custody and need not consult the noncustodial parent in decision-making. A custodial parent might instead share legal custody with the noncustodial parent; called joint legal custody, this means the parents must consult each other on major issues about the child regardless of who the child lives with. In either case, custodial parents are often required to follow court orders regarding the noncustodial parent, such as facilitating visitation or not moving out of a certain location without approval.

[Last updated in June of 2021 by the Wex Definitions Team]

custodial parent (2024)

FAQs

What does custodial mean parent? ›

A custodial parent is the parent that lives with and cares for their minor child for all (sole physical custody) or most (primary physical custody) of the time. This contrasts with the noncustodial parent, who might have the child on a limited basis or only have visitation rights.

What is a custodial parent in New Jersey? ›

According to New Jersey state law, the custodial parent is the parent who provides care to the child most of the time. However, non-custodial parents also have legal rights. The non-custodial parent, for example, typically has visitation rights. They may also be required to pay child support to the custodial parent.

What is a custodial relationship? ›

Legal custodial relationship means (i) a parent or other person having, or in the process of securing, legal custody of any individual or individuals with whom such parent or other person is domiciled and who have not attained the age of 18 years, or (ii) the designee of such parent or other person having, or in the ...

Do I have a right to know who my ex brings around my child? ›

I am afraid the answer is no, there is no right to be informed. If the parents start allowing unsavory persons around the child, the court can impose a morality clause where neither parent can have strangers around the child, but that will apply to both parents.

What is an example of a custodial parent? ›

For example, when both parents have been awarded joint custody, the court might assign one parent as the child's “primary” or “custodial” parent. Typically, this is the parent the child resides with most of the time.

What is the difference between a custodian and a custody? ›

If parents share physical custody, both spend substantial time housing the child. The legal custodian is the parent who has the authority to make decisions on their child's behalf. If parents share legal custody, they make decisions together or divide decisions between them.

How does NJ decide on child custody? ›

Under New Jersey law, the judge must consider numerous factors when determining child custody, including, but not limited to: Each parent's interaction and past relationships with the children. The parent's willingness to accept a custody arrangement.

Can a mother get full custody in NJ? ›

The parent seeking sole legal custody must prove exceptional circ*mstances or that the other parent is unfit for the judge to award joint legal custody or joint physical custody. Some reasons for sole custody to be granted are: The other parent is absent from the child's life. The other parent abused the child.

Is New Jersey a 50/50 custody state? ›

New Jersey does not have a specific legal statute for 50/50 custody. However, the state does recognize and support joint custody arrangements that prioritize the best interests of the child. This can include equal or nearly equal shared physical custody between both parents.

What are the examples of custodial services? ›

In addition to safekeeping securities, custodians also offer services, such as transaction settlements, account administration, dividend collection, interest payments, foreign exchange, and tax assistance.

What is the role of a custodian? ›

Custodian Daily Duties and Responsibilities

Keeps building and property in clean and orderly condition. Performs routine maintenance activities. Performs heavy cleaning duties. Sweeps, mops, scrubs, or vacuums floors.

What is a custodial arrangement? ›

What Is a Custodial Agreement? A custodial agreement is an arrangement wherein one holds an asset or property on behalf of the actual owner (beneficial owner). Such agreements are generally entered into by state agencies, or companies to administer various benefit programs.

Can I refuse to let my ex see my child? ›

A: No, a parent cannot deny visitation if the other parent is not following court orders.

Can I keep my child away from his father's girlfriend? ›

You can either do whatever you and he can agree to, in a written agreement, or whatever you can get the judge to order in court. Those are your options. Now, chances are, he won't want to put in the agreement that she can't be around the kids – especially not if it's a specific ban against his specific girlfriend.

Can I stop my ex's new wife from seeing my child? ›

You would need to be able to show specific cause for concern and a court would normally need evidence to show that the new partner poses a risk to your children. If you are concerned, you may need to carry out a background check on your ex's new partner.

What does custodial mean for kids? ›

1. : relating to, providing, or being protective care or services for basic needs. nursing and custodial care. 2. : having sole or primary custody of a child.

What is custodial or non custodial? ›

The main difference between custodial and non-custodial wallets is that custodial wallets give a third party the permission to hold your private keys, whereas non-custodial wallets give you sovereign control of your private keys.

What is the definition of a custodial parent for tax purposes? ›

You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year.

What is custodial? ›

relating to the legal right to care for someone or something, especially a child: custodial care.

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