You may have little idea what a custodial parent is, but you should know about it in detail, including: What is a custodial parent?, what are their responsibilities?, How is it different from the non-custodial parent?, and how do I become one? And that’s what this article is all about.
You should know about this in detail even before filing for divorce, so let’s explore this topic in detail!
What is a custodial parent?
The custodial parent is the one (either the mother or father) who has sole or primary physical custody, and the child spends most time with that parent as per the court’s order. He or she has the right to make all the major decisions regarding their child. And is mainly responsible for providing all the essentials and daily needs.
Raising a child simply means lots of expenses. But, in general, as a custodial parent, you can claim your child on taxes as per the IRS’s (Internal Revenue Service’s) rules.
How is it different from the non-custodial parent?
The non-custodial parent is the one who doesn’t have primary physical custody of the child, i.e., who doesn’t spend most of the time with their child. They usually get visitation schedules to spend time with their child.
The custodial parent spends most of the time with their child, like every single day. Whereas the non-custodial parent only gets visitation schedules to meet and spend time with their child. In sole as well as joint custody, the one who has primary physical custody of the child is usually appointed as the custodial parent. While the other is appointed as the non-custodial parent and only gets the visitation schedules.
Why is it important to appoint a custodial parent?
It’s important to appoint a custodial parent after divorce. Because, as per the IRS’s rules, a custodial parent can claim a child on tax returns.
But in joint custody, when both parents share custody almost equally, it’s also possible that neither can be appointed as custodial parent. In this case, as no one is appointed as the custodial parent, no one can claim the child on taxes as per the IRS’s rules. To get the tax benefits on a child, either you decide by yourself by mutually agreeing on the terms or the court decides you’ll get these tax benefits on a child.
For any further queries, consult your attorney. Because they can guide you better as per your situation and custody agreement.
Responsibilities of a custodial parent
The spouse who gets the child’s custody has the right to live with their child at home; they have lots of responsibilities. Knowing about these responsibilities in advance can help you become a responsible custodial parent.
Look at the following list of their responsibilities:
- Taking care of the health and safety of the child
- Providing emotional support
- Providing good education
- Enrolling a child in some activities
- Helping your child with their homework
- Following the court’s order regarding the visitation schedule with the other parent
- Providing all the basic necessities, i.e., home, food, and clothes
- Look after the child’s medical issues (if any).
- Consulting or informing the other parent about all the important decisions or issues (regarding their child)
- Making all the main and major decisions of their life
How do I become one?
While getting a divorce or separation, it’s best to discuss with your partner at your own end regarding child’s custody. Because this helps you make better decisions, causes less harassment, and even saves money. Then, after getting an order from the court, that parent gets the child’s custody.
But in the event that you can’t make a decision regarding the child’s custody, the court will make that decision for you. In general, the court simply looks at various factors as per the child’s best interest. So that a custodial parent can provide a better life and future for the child.
FAQ’s
What is the difference between a custodial and non-custodial parent?
During divorce or separation, the one who gets the main custody of the child, i.e., spends most of the time and lives together, is called the custodial parent. And the other one is called a non-custodial one and gets visitation schedules to meet their child.
What are the two main types of custody?
The two main types of custody are:
- Physical custody means taking care of a child’s daily physical needs while living in the same house.
- Legal custody means taking any legal decision that has an impact on the well-being of the child, such as regarding education, religious practices, medical treatments, etc.
The division of physical and legal custodies between the parents varies from case to case as per the court’s order. In some cases, the court orders sole custody, in others, they order joint custody.
Who’ll get tax benefits on a child in joint custody?
According to the IRS’s rules, the custodial parent has the right to get the child’s tax benefits. As in joint custody, where both parents take equal responsibility for a child, it gets a little confusing regarding the child’s tax benefits. For this, either you decide at your own end and file the petition in court, or the court will make that decision for you. For further clarification, consult your divorce attorney.
