Legal Question in Family Law in Maryland

"Non Custodial Custody Rights"

I would like to know what rights do I have as the non-custodial parent?


Asked on 8/17/00, 11:20 am

3 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re:

Unless parental rights have been terminated by the court, a non-custodial parent has a right (and an obligation) to be a parent and to be present in the child's life. The non-custodial parent has a legal obligation to pay child support and, in most people's opinion, an ethical obligation to behave in ways which help, and don't harm, the child. The parent has a right to visit with the child and to maintain a relationship. These rights are usually spelled out in a court order when a court awards custody to the custodial parent, with some detail about the amount of visitation, rights to telephone contact, rights to receive report cards and information about the child's health care, etc. In some cases, in which one parent has "physical custody" but both parents share "legal custody," the non-custodial parent has a right to a voice in major decisions about the child's care, activities, etc. If there is a custody order which is silent about the rights of the non-custodial parent, you can go back to the court to petition for visitation and whatever other rights you think would be in the best interest of the child. If there is not yet a court order, and the custody is with one parent by virtue of an agreement, you may need to ask the court to consider the issue of visitation. In general, with both custodial and non-custodial parents, every right of the parent is tied to a responsibility.

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Answered on 9/25/00, 12:56 pm
Robert Sher Wagshal and Sher

Re:

You have the right to spend time with your children, including overnight visitation unless there is some problem with that. Usually there is a visitation plan worked out by the parents, or a court can set up a visit schedule if the parents can't cooperate with one another. You should be supporting the children commensurate with your income and will be required to do so generally until they turn 18.

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Answered on 9/22/00, 4:29 pm
Lisa Lane McDevitt McDevitt Law Office

Re:

As a general rule non-custodial parents have the right to visitation and to participate in legal decisions involving the children such as medical, education and welfare decisions. Your question implies that you may be feeling that your rights are not being respected. If so, you should consult with an attorney as soon as possible to determine whether this is true and to take immediate action. I am happy to discuss this with you. Please call my office at 301-652-0663.

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Answered on 9/22/00, 10:29 pm


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