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Custodial vs. non-custodial parent

Understanding legal jargon can be difficult, but many of the terms used in divorce can be especially confusing. Some phrases in Kentucky that are not well-known are custodial and non-custodial, but it is important for you to be familiar with what these words mean as you pursue your divorce and determine responsibility for your children. We at Lonneman and McMahan can represent you in court and explain any terms that may be unclear.


According to the Kentucky state government, local laws claim that the custodial parent is the person who has physical custody of the children. Non-custodial parents, on the other hand, are ordered by the court to provide medical support for the child or children, but do not have any physical custody. An important fact to note is that you do not have to be a biological parent in order to be named the custodial parent. In situations where abuse is involved or, for other reasons, neither you nor your ex-spouse are capable of providing an adequate home and support for your child, another person may be given physical custody.


In most cases, the non-custodial parent is required to pay child support to the custodial parent to assist in caring for the children. If you are the custodial parent and are not receiving the child support payments, you may need to arrange a court case and file a claim for the missing funds.


Specific questions about your individual situation can be discussed during your custody hearing. For more information on this topic, please visit our web page.

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