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Non-Custodial Parent

Tags:
Parentage
Custody
Please note that the legal information presented on this page is written for those living in the state of Illinois.

What Does it Mean?

A non-custodial parent is a child's legal parent, but does NOT have legal custody of the child.

Things You Should Know

The legal parent with custody of a child is the custodial parent.

Non-custodial parents have the right to ask for custody of their child. To do so, they must file a motion to change (modify) their custody order. Similarly, they also have the right ask for visitation (parenting time) with their child.

See Related

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Definitions
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Definitions

DNA (Genetic) Testing

DNA (genetic) testing can determine if there a parent-child relationship exists between an adult and a child. In a paternity (parentage) court case, a judge may order that an alleged parent of the child agree to DNA testing. The results of the DNA test may be used to establish legal parentage, or to declare the non-existence of a parent-child rela
Read more

Gestational Surrogacy Agreement

Gestational surrogacy is the process through which a woman carries and gives birth to a child that was conceived through in vitro fertilization, with the intent to place said child in the care of another parent, referred to as the intended parent. In order to have a valid gestational surrogacy agreement, the intended parent must have made a geneti
Read more

Allocation of Parental Responsibilities (Custody)

The allocation of parental responsibilities, often referred to as "child custody", legally determines which caretaker(s) is responsible for the caretaking functions of a child(s). A custody arrangement becomes legally binding through a parenting plan that is approved and ordered by a judge in court. Oftentimes, only one caretaker is given primary
Read more

Rescinding a Voluntary Acknowledgement of Paternity (VAP)

Rescinding a Voluntary Acknowledgement of Paternity (VAP) is the process through which a previously signed VAP is declared null and void.A VAP can ONLY be rescinded within 60 days of its being signed, OR 60 days after a different court case concerning the child has started, such as child support, allocation of parental responsibilities (custody), o
Read more

Tax Exemptions for Minor Children

Tax exemptions for minor children, otherwise known as dependency exemptions, is a certain amount of income related to the cost of caring for and raising a minor chid(s) that is deducted from one's annual tax payments.If you are the legal parent, or have been allocated parental responsibilities (custody) of a minor child(s) you may be able to claim
Read more

Joint-Custody

Joint-custody means that both parents are equally responsible taking care of their child. This means that both parents would be considered the child's custodial parent. If both parents of a child are married to or in a civil union with each other, the two parents would have joint-custody of the child(s).
Read more

Modifying a Custody Arrangement

A parenting plan (custody order) can be modified to change which caretaker has custody of a child(s), but only within TWO (2) YEARS of its originally being ordered. Additionally, a modification will only be approved if you can show to a judge in court that doing so would be in the best interest of the child(s).Modifying a parenting plan may result
Read more

Caretaking Functions

Caretaking functions refer to activities involving direct contact with a child, particularly those that relate to supervising and caring for a child. Caretaking functions include, but are not limited to the following activities: feeding and maintaining the child's health overseeing the development of critical skills, including language and motor
Read more

Custodial Parent

The custodial parent is the legal parent of a child that is primarily responsible for the caretaking functions for a child. In other words, a custodial parent is the child's main caregiver. If the child has another other legal parent in addition to their custodial parent, that other parent would be the child's non-custodial parent. A person can bec
Read more

IV-D Program

The IV-D program, otherwise known as child support enforcement services, is a social service program run by the Illinois Department of Family Services (HFS).Parents enrolled in the IV-D program are given free assistance with: establishing a parent's legal paternity, issuing an administrative child support order, and/or enforcing a
Read more

Parenting Plan

A parenting plan is a legally-binding document that orders the allocation of parental responsibilities (custody arrangement), parenting time (visitation rights), or both.The content of a parenting plan may include, but is not limited to the following information:which parent(s) has primary custody of the child(s)how much parenting time (visitation
Read more

Voluntary Acknowledgement of Paternity (VAP)

A Voluntary Acknowledgement of Parentage (VAP) is a legally-binding document that establishes one's legal parentage for a child.If you are present with the biological mother at the hospital when a child is born, and the two of you are not married, you will generally be given the option of signing a VAP. You may also request to sign a VAP for a chil
Read more

Department of Family Services (HFS)

The Illinois Department of Healthcare and Family Services (HFS) is an administrative agency with two primary functions: Providing Medicaid coverage to those who qualify; and Child support enforcement services through their IV-D program Enrolling in the IV-D program gives HFS the right to establish legal parentage, as well as enter and enforce an
Read more

Challenging a Voluntary Acknowledgement or Denial of Parentage

A signed Voluntary Acknowledgement of Paternity (VAP) or denial of parentage can only be challenged within TWO (2) YEARS of its being signed on one of the following bases: one was pressured into signing, or otherwise forced to sign the VAP or denial against one's will the VAP or denial of parentage was fraudulently signed; OR the VAP or denial was
Read more

Denial of Parentage

A denial of parentage is a written document that is signed by the parent that was married to or in a civil union with the child's biological mother within 300 days of that child's birth. This parent is otherwise known as the presumed parent. By signing a denial of parentage, the presumed parent swears they are NOT the child's biological parent. An
Read more

Legal Parent

The legal parent is a person that has a legally established parent-child relationship with a child. If you are the legal parent of a child, your name likely will or otherwise can be placed on that child's birth certificate. A child's legal parent is allowed to do the following: make or receive child support payments, depending on their relationsh
Read more

Declaring the Non-Existence of a Parent-Child Relationship

Declaring the non-existence of a parent-child relationship means that a child's legal parent is NO LONGER recognized as that child's legal parent. This can be made based on the results of DNA testing or by acquiring knowledge of the relevant facts of the situation, but ONLY IF it has been less than TWO (2) YEARS since the petitioner to the declarat
Read more

Relocation

Relocation is defined as moving over 25 miles from one's current place of residence to a new place of residence.If you have been allocated parental responsibilities (child custody) or parenting time (visitation rights), you MUST provide the child's other parent with a notice of motion at least 60 days prior to the intended date of relocation.The mo
Read more

Adjudication of Parentage

An adjudication of parentage refers to a court order (or a legally equivalent administrative order) that establishes a parent-child relationship between the adjudicated parent and a child. A judge or the Department of Family Services (HFS) may adjudicate parentage on the basis of DNA testing, or because of the relevant facts of the situation. Pare
Read more

Temporary Custody

Temporary custody is a temporary allocation of parental responsibilities (custody) to you, your spouse or partner, or both. This temporary allocation can only be made while the two of you are legally separated, and/or are currently in the process of divorcing or dissolving your civil union.If temporary custody is ordered, one parent will become the
Read more

Presumed Parent

A presumed parent is the legal parent of a child. In other words, if you are presumed to be the parent of a child, then your legal parentage has been officially established.One is presumed to be the legal parent of a child if either one of the following conditions are met:you are married to or in a civil union with the child's biological mother at
Read more
Show all related Definitions
Hide all related Definitions

Definitions

Gestational Surrogacy Agreement

Gestational surrogacy is the process through which a woman carries and gives birth to a child that was conceived through in vitro fertilization, with the intent to place said child in the care of another parent, referred to as the intended parent. In order to have a valid gestational surrogacy agreement, the intended parent must have made a geneti
Read more

Tax Exemptions for Minor Children

Tax exemptions for minor children, otherwise known as dependency exemptions, is a certain amount of income related to the cost of caring for and raising a minor chid(s) that is deducted from one's annual tax payments.If you are the legal parent, or have been allocated parental responsibilities (custody) of a minor child(s) you may be able to claim
Read more

Allocation of Parental Responsibilities (Custody)

The allocation of parental responsibilities, often referred to as "child custody", legally determines which caretaker(s) is responsible for the caretaking functions of a child(s). A custody arrangement becomes legally binding through a parenting plan that is approved and ordered by a judge in court. Oftentimes, only one caretaker is given primary
Read more

Modifying a Custody Arrangement

A parenting plan (custody order) can be modified to change which caretaker has custody of a child(s), but only within TWO (2) YEARS of its originally being ordered. Additionally, a modification will only be approved if you can show to a judge in court that doing so would be in the best interest of the child(s).Modifying a parenting plan may result
Read more

Presumed Parent

A presumed parent is the legal parent of a child. In other words, if you are presumed to be the parent of a child, then your legal parentage has been officially established.One is presumed to be the legal parent of a child if either one of the following conditions are met:you are married to or in a civil union with the child's biological mother at
Read more

Voluntary Acknowledgement of Paternity (VAP)

A Voluntary Acknowledgement of Parentage (VAP) is a legally-binding document that establishes one's legal parentage for a child.If you are present with the biological mother at the hospital when a child is born, and the two of you are not married, you will generally be given the option of signing a VAP. You may also request to sign a VAP for a chil
Read more

DNA (Genetic) Testing

DNA (genetic) testing can determine if there a parent-child relationship exists between an adult and a child. In a paternity (parentage) court case, a judge may order that an alleged parent of the child agree to DNA testing. The results of the DNA test may be used to establish legal parentage, or to declare the non-existence of a parent-child rela
Read more

Department of Family Services (HFS)

The Illinois Department of Healthcare and Family Services (HFS) is an administrative agency with two primary functions: Providing Medicaid coverage to those who qualify; and Child support enforcement services through their IV-D program Enrolling in the IV-D program gives HFS the right to establish legal parentage, as well as enter and enforce an
Read more

Joint-Custody

Joint-custody means that both parents are equally responsible taking care of their child. This means that both parents would be considered the child's custodial parent. If both parents of a child are married to or in a civil union with each other, the two parents would have joint-custody of the child(s).
Read more

Custodial Parent

The custodial parent is the legal parent of a child that is primarily responsible for the caretaking functions for a child. In other words, a custodial parent is the child's main caregiver. If the child has another other legal parent in addition to their custodial parent, that other parent would be the child's non-custodial parent. A person can bec
Read more

Rescinding a Voluntary Acknowledgement of Paternity (VAP)

Rescinding a Voluntary Acknowledgement of Paternity (VAP) is the process through which a previously signed VAP is declared null and void.A VAP can ONLY be rescinded within 60 days of its being signed, OR 60 days after a different court case concerning the child has started, such as child support, allocation of parental responsibilities (custody), o
Read more

Denial of Parentage

A denial of parentage is a written document that is signed by the parent that was married to or in a civil union with the child's biological mother within 300 days of that child's birth. This parent is otherwise known as the presumed parent. By signing a denial of parentage, the presumed parent swears they are NOT the child's biological parent. An
Read more

Relocation

Relocation is defined as moving over 25 miles from one's current place of residence to a new place of residence.If you have been allocated parental responsibilities (child custody) or parenting time (visitation rights), you MUST provide the child's other parent with a notice of motion at least 60 days prior to the intended date of relocation.The mo
Read more

Temporary Custody

Temporary custody is a temporary allocation of parental responsibilities (custody) to you, your spouse or partner, or both. This temporary allocation can only be made while the two of you are legally separated, and/or are currently in the process of divorcing or dissolving your civil union.If temporary custody is ordered, one parent will become the
Read more

Legal Parent

The legal parent is a person that has a legally established parent-child relationship with a child. If you are the legal parent of a child, your name likely will or otherwise can be placed on that child's birth certificate. A child's legal parent is allowed to do the following: make or receive child support payments, depending on their relationsh
Read more

Adjudication of Parentage

An adjudication of parentage refers to a court order (or a legally equivalent administrative order) that establishes a parent-child relationship between the adjudicated parent and a child. A judge or the Department of Family Services (HFS) may adjudicate parentage on the basis of DNA testing, or because of the relevant facts of the situation. Pare
Read more

Caretaking Functions

Caretaking functions refer to activities involving direct contact with a child, particularly those that relate to supervising and caring for a child. Caretaking functions include, but are not limited to the following activities: feeding and maintaining the child's health overseeing the development of critical skills, including language and motor
Read more

Declaring the Non-Existence of a Parent-Child Relationship

Declaring the non-existence of a parent-child relationship means that a child's legal parent is NO LONGER recognized as that child's legal parent. This can be made based on the results of DNA testing or by acquiring knowledge of the relevant facts of the situation, but ONLY IF it has been less than TWO (2) YEARS since the petitioner to the declarat
Read more

IV-D Program

The IV-D program, otherwise known as child support enforcement services, is a social service program run by the Illinois Department of Family Services (HFS).Parents enrolled in the IV-D program are given free assistance with: establishing a parent's legal paternity, issuing an administrative child support order, and/or enforcing a
Read more

Challenging a Voluntary Acknowledgement or Denial of Parentage

A signed Voluntary Acknowledgement of Paternity (VAP) or denial of parentage can only be challenged within TWO (2) YEARS of its being signed on one of the following bases: one was pressured into signing, or otherwise forced to sign the VAP or denial against one's will the VAP or denial of parentage was fraudulently signed; OR the VAP or denial was
Read more

Parenting Plan

A parenting plan is a legally-binding document that orders the allocation of parental responsibilities (custody arrangement), parenting time (visitation rights), or both.The content of a parenting plan may include, but is not limited to the following information:which parent(s) has primary custody of the child(s)how much parenting time (visitation
Read more
Hide all related Definitions
Hide all related Definitions

Articles

How to Obtain a Copy of Your Child's Birth Certificate

This article provides an overview of how you can retrieve a copy of your child's birth certificate. We discuss what requirements you'll need to meet in order to request a birth certificate copy, how much it costs to retrieve a copy, as well as why obtaining a copy can be useful. Requirements to Obtain a Birth Certificate Copy A child's birth certif
Read more

How Paternity is Established

A child's legal parent possesses unique rights and responsibilities. For example, only the legal parent of a child can be required to make or receive payments for a child support order. Being the child's legal parent means one's parentage (paternity) has been legally established.Unless you're the child's biological mother, having your name on a chi
Read more
Show all related Articles
Hide all related Definitions

Articles

How to Obtain a Copy of Your Child's Birth Certificate

This article provides an overview of how you can retrieve a copy of your child's birth certificate. We discuss what requirements you'll need to meet in order to request a birth certificate copy, how much it costs to retrieve a copy, as well as why obtaining a copy can be useful. Requirements to Obtain a Birth Certificate Copy A child's birth certif
Read more

How Paternity is Established

A child's legal parent possesses unique rights and responsibilities. For example, only the legal parent of a child can be required to make or receive payments for a child support order. Being the child's legal parent means one's parentage (paternity) has been legally established.Unless you're the child's biological mother, having your name on a chi
Read more
Hide all related Articles
Hide all related Definitions
SAEF Legal Aid is not a law firm and does not provide any legal advice. SAEF is a legal information provider and is not a substitute for an attorney or law firm. By using SAEF to obtain referrals to legal service providers, you do not enter any form of an attorney-client relationship with SAEF, nor with any of the attorneys to which you are referred.
SAEF is a registered 501(c)(3) not-for-profit organization based in Chicago, Illinois. SAEF's tax identification number is 85-0832245
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