If the parents of a minor child decide to live apart and cannot agree about where their child will live,  a court will make that decision for them. When a decision about custody is made, a decision about visitation for the non-residential or non-custodial is also made. Courts make custody decisions based on what is in the best interests of the child at that time. Since the circumstances of the parents and the child may change over time, these decisions are never final. If either of the parents or the child experiences a change in circumstances they may apply to the court to modify or change a custody/visitation order. In order to find out what you need to do to successfully modify your custody or visitation order, it is necessary to determine if you are the custodial or non-custodial parent.

Custodial Parent  - The term “custodial parent” refers to the parent with whom the child physically resides. In situations where the child resides most of the time with this parent but also resides part of the time with the other parent, the custodial parent may be referred to as the parent of primary residence. The custodial parent is usually the parent who receives child support.

Non Custodial Parent  - The term “non-custodial” parent refers to the parent who does not have the child physically living with him or her. In situations where the child resides most of the time with the other parent but also resides part of the time with the non-custodial parent, the non-custodial parent may be referred to as the parent of secondary residence. The non-custodial parent is usually the parent who pays child support.

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