A noncustodial parent is one whose spouse was awarded sole custody by the courts. Noncustodial parents retain visitation rights and the right to act as a parent, making basic parenting decisions when the child is in his or her care.
The following are answers to frequently-asked questions regarding sole custody and noncustodial parent rights:
If my spouse has sole custody, can he or she refuse to let me see my child?
No. Parents whose spouses have sole custody still retain the right to visit and spend time with their child or children.
While persons who have sole custody have the right to make major decisions regarding their child’s upbringing, they do not have the right to prevent the other parent from maintaining a relationship with their child or acting as a parent to their child during visitations.
If my spouse has sole custody, can he or she send my child away for vacations and holidays?
Arizona law requires a Parenting Plan be filed before custody is awarded. The Parenting Plan is an agreement between parents that includes times for visitation, including vacations and holidays. If your spouse is not following the Parenting Plan Agreement, you can pursue the course for mediation that you specified in the agreement.
If my spouse has sole custody, can he or she move away with my child?
Having sole custody does not entitle a parent to move out of state with their child. As a parent, the noncustodial spouse retains the right to have access to their child and visitation and child relocation in Arizona is governed by specific rules and laws.
If you have questions or concerns regarding your rights as a noncustodial parent, contact the Law Offices of Corso and Rhude today speak with an experienced child custody lawyer.