Non Custodial Parent

What does Non Custodial Parent mean?

The non custodial parent is the parent who does not have physical custody of the child, although they may have joint legal custody. Generally, the non custodial parent is obligated to pay child support and will be granted visitation rights.

Although the custodial parents may bare the heavier burden of caring for a child because they are responsible for providing food, shelter, clothing, education, and medical attention this does not mean that the noncustodial parent does not love their child or does not work hard to provide care for their child.

Prior to determining who will care for a child and who will be the non custodial parent, the court will review the desires of the child, the child's emotional and physical needs, the emotional and physical danger to the child, the abilities of each child to parent, the stability of the child's home, the relationship between the child and each parent, and potential abuses of either parent.

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Means Test

The means test was designed to determine whether an individual debtor\'s Chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case, generally to Chapter 13 (see Abuse).

Category: bankruptcy