Wednesday, July 23, 2014

What does being the custodial parent mean

Q:  after going to court for child support i found out that i am the custodial parent and my child father is the non custodial parent what is the difference and could he file for joint custody if we dont get along and if he lives in a different state he lives in north carolina i in newyork

A:  David's Answer:  If you don't have a court order of custody, then the Magistrate was merely stating that, for child support purposes, you're the custodial parent simply because the child resides with you 51% or more of the time. That said, it may behoove you to actually file for custody, if you don't already have an order. The father merely living in another state does not, in itself, preclude him from getting joint custody. Schedule a consult with a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (

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