Acting as the noncustodial parent to your child is a critical part to play for your child. Being in this role means fulfilling several duties and holding important rights. Considering all that happens in the life of your child you have so much to do with their day-to-day events. Depending upon your knowledge of this role and how seriously you take these responsibilities you are helping your child. Today’s blog post from the Law Office of Bryan Fagan introduces the topic of how to understand key factors as a noncustodial parent.
Factoring in all your responsibilities as a noncustodial parent is a lot to take on. Grading your success as a noncustodial parent ultimately means viewing life through the eyes of your child. Hoping that your child does well growing up is not good enough. Rather, indicating to your child that you love him or she starts with learning the ropes of how to co-parent. Juggling all your responsibilities in life is a challenge. Learning how to co-parent as a non-custodial parent is the most important role you will play.
What deems a parent noncustodial?
Beginning a family law case puts you in a position where you need information. Combined with that need for information is a desire to serve your child. Depending upon your position in the life of your child being named as noncustodial parent makes sense. The noncustodial parent of your child has visitation rights. Visitation rights are the ability to have predesignated time to spend with your child during the year. Your child does not live with you under your court orders. However, your child does spend a lot of time with you.
Additionally, you hold a number of the rights and duties associated with raising your child. Among those rights are decision-making rights associated with their education and health. Responsibilities include the duty to financially support your child and to keep him or her safe. Paying child support is another duty of the noncustodial parent. Your co-parent as the custodial parent receives child support on behalf of your child.
Understanding this role of noncustodial parent and taking it seriously means a great deal for your child. Having concerns about serving your child well is normal in a family law case. Working with the attorneys with the Law Office of Bryan Fagan makes a difference for your child. You can plan for your case with more precision. You are better prepared. Contact us today for a free of charge consultation.
How do you see your child as a noncustodial parent?
Having finished mentioning how the noncustodial parent does not live with your child, you may have questions about visitation. Functioning noncustodial parent-child arrangements have a lot to do with learning your child custody and possession orders. Maximizing the time you have with your child provides you and your child the best opportunity for a great relationship.
Starting with the basics- a standard possession order is likely for your case. Standard Possession Orders are common in child custody settings. Noncustodial parents like yourself need to learn these orders. Possessing more knowledge means being more accountable for your child. Having less knowledge means taking for granted the time with your child. Making mistakes about where and when you can see your child is a possibility, as well.
Being lackadaisical about your possession time is a mistake. Focusing on the best interests of your child is responsible for a noncustodial parent. Considering the amount of time promised to you in a Standard Possession Order, you have less time with your child than a custodial parent. Bearing this in mind taking advantage of every moment with your child matters a great deal.
Managing the exchange of your child with a co-parent
Getting right into the nitty-gritty of parenting as the noncustodial parent, you are responsible for much of the transportation of your child. Looking at your child custody orders it is you will be responsible for picking up and dropping off your child from periods of visitation. On Fridays, you pick up your child from their mother’s house. On Sundays, you drop your child off at mom’s after the weekend is over. Figuring out how to get to your child by 6:00 pm on Friday and how to drop him off at 6:00 pm on Sunday matters.
Depending upon the strength of your relationship with your co-parent you need to figure out how to manage these pick-up and drop-off sessions. Having a good relationship with your child’s mother means going to her house for pick up and drop off. This is the most direct route to take and adds fewer factors that complicate the process. It also means more time for you and your child to spend together.
Spending more time with your child is important. However, managing the co-parenting relationship with your co-parent matters, too. When you have a negative history with her it means looking at other options for pick-up or drop-off. For instance, selecting a place in public for pick up and drop off reduces the likelihood of arguments starting. Many people select fast food parking lots for this event. Negotiating with your co-parent on this subject is smart during the family law case.
Instituting a right of first refusal
Having a complicated life means having backup plans for visitation periods with your child. All of us have work responsibilities that get out of control from time to time. Unfortunately, we cannot predict how life goes on a day-to-day basis. For those moments when you absolutely cannot manage to see your child, you need to have a plan. A right of first refusal is what you are looking for.
A right of first refusal is an opportunity in your court orders for a parent to accept or refuse possession of their child during a period that is not theirs under the orders. For example, leading up to your weekend period of possession you receive a phone call that your uncle has unfortunately passed away. He lives in another state and your family needs your help with things. Ordinarily, you would leave immediately but you cannot do so because you have your son this weekend. He has school on Monday so you cannot take him with you for the entire trip.
In this situation, you contact your co-parent to inquire about her availability to watch your child that weekend. Explain to her the situation and allow her to accept or deny possession. Accepting possession means your child stays home for the weekend. Denying possession means you all need to have a plan for possession that weekend. The right of first refusal orders one parent to contact the other parent first when visitation or possession is not possible.
Paying child support
Considering all of the issues in a child custody case, child support is the number one topic that gets people worked up. Paying money of yours to your co-parent is enough to upset even the calmest of people. Just when you think that your relationship with this person is over, child support rears its ugly head. Building on your co-parent relationship is ideal but with child support, all bets are off. Working through child support with your co-parent strengthens your relationship.
Looking at your court orders is the best way to figure out how child support is paid. Putting your income in the hands of your co-parent is not fun. Jumping on top of this subject means having an understanding of it from the beginning. Taking more information means giving your child the best possible life. Remember that child support is intended to pay for essential items for your child.
Becoming a noncustodial parent means having a basic level of knowledge of child support, at least. Noncustodial parents always pay child support. This child support is not intended to help your child live a certain lifestyle. However, the point of child support is to allow your child to have their basic needs met. Here is how you and your co-parent can accomplish this.
Maximizing child support for your child
As long as you have to pay child support you ought to make sure it gets to the right place. Accomplishing this means having a wage withholding order. Have the judge in your family law case sign the wage withholding order. This allows your employer to withhold a certain amount of your wages each month for child support purposes.
Wages are sent to the Office of the Attorney General Child Support Division. The OAG oversees the payment of child support in Texas. Keeping that in mind, the OAG is not responsible for your payments going through. Keeping up with that end of the bargain falls on your shoulders. The OAG has a website where you review payments and keep track of where things are. Falling behind in paying child support is not a good idea.
Having so many twists and turns, child support is a tough subject for a noncustodial parent. Ensuring that you are fulfilling all the responsibilities of paying child support is not easy. Working with an experienced family law attorney is enough to level the playing field, however. The attorneys with the Law Office of Bryan Fagan are eager to hear from you with questions you have about this subject.
Determining the primary residence of your child
Going through the rights and duties of a custodial parent means focusing on where your child lives. Using family law language means understanding the primary residence of your child. Primary residence means where your child resides for the most part. Your child will stay with you throughout the year consistently. However, their primary residence is with the primary conservator (custodial parent).
This is the crown jewel of parental rights. Focusing on all the important rights associated with your child is logical. However, the right to determine the primary residence of your child matters a great deal. Considering how this allows a parent to see their child at least every school day, this time adds up quickly.
Working through the issues associated with raising your child in separate households means working alongside your co-parent. Setting aside your differences to co-parent is essential. Drafting child custody orders that play into your strengths as parents is also helpful. Putting your child’s best interests first matters the most.
Determining rights and duties relating to your child
Overlooking the importance of rights and duties concerning your child is a mistake in the context of a family law case. So many parents in your position overlook this subject. Focusing your time and energy on maximizing your parenting time is understandable. However, being able to make decisions on behalf of your child is what matters most in the long run.
In important situations involving the well-being of your child, you cannot always be there. That is true for the non-custodial and custodial parent alike. However, being able to voice your opinion through your conservatorship rights accomplishes a lot of good for your child. We need to talk about educational and health decisions today.
Educational decision-making has to do with where your child attends school. Enroll your child in the right classes. Determining the type of special help he receives, if any. Being on the same page with your co-parent helps in this regard. However, if you do not agree with your co-parent on subjects like this then having the primary right to make the decision matters.
Finally, making decisions for your child when it comes to their health is critical. Think about all the times your child was ill or hurt themselves. Consenting to surgeries is a relevant topic to discuss. All of this is on the table for you as a non-custodial parent. Do not take this part of being the noncustodial parent for granted. Looking into these rights and duties and taking them seriously matters both now and in the future for your child.
Noncustodial parents – modifying court orders
Moving into the future do not underestimate the need to modify or change your court orders. Court orders work well for a certain period then become less functional as your child ages. When that happens you need to look at your child and see what is in their best interests. A modification is something that is best done with the assistance of an experienced family law attorney. There are many moving pieces in a modification case. An attorney helps to organize your case and keep it on track.
First, consider the modification you want. When modifying visitation or possession schedules think about what has not worked in the life of your family. Wanting more time for yourself with your child means listing the reasons why the modification is needed. There needs to be a material change in circumstances in play. Additionally, the modification requested must serve the best interests of your child.
From there, negotiate with your co-parent. He or she wants what is best for your child. The modification is sought in good faith by you. Who is to say that your co-parent won’t agree that the modification is in your child’s best interests? In any event, there is a negotiation period. Using that time to talk through the issues with your co-parent allows you two to discuss what works best for your family.
Final thoughts on factors related to noncustodial parenting
Overall, it is a challenge to keep your focus on all of the issues related to parenting your child. Split custody forces your child to live in two homes. You have responsibilities in life beyond that of your child. Your focus on your child is great for the future of your son or daughter. Use your time wisely and take advantage of every opportunity you have.
Noncustodial parents oftentimes feel that they are second-place parents. This is not true. You are still a critical part of your child’s life. Focusing on what you can do at this moment to benefit your child should be how you start each day. From there, thinking of a plan on how to intentionally approach each issue involving your child is a winning strategy.
The experienced family law attorneys with the Law Office of Bryan Fagan are here to help. We serve clients every day in the family courtrooms and negotiation tables of Texas. We take seriously this responsibility to work on behalf of our clients and their families. Getting in a position to be a constant source of stability and love for your child is what matters. Thank you for spending part of your day with us here on the blog for the Law Office of Bryan Fagan.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way to learn more about the world of Texas family law. We share how the filing of a divorce or child custody case impacts your family, as well.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
