[daniigurl]

My question centers around what rights the non-custodial parent is left with if they do not have physical or legal custody of the child. I realize that this may vary from state to state.

[ballengerb1]

So why not tell us where you are and a few more details please.

[AK lawyer]

Assuming there is a custody order in place,

• the right to ask for visitation or custody in the future;
• the right to be notified and perhaps object if the child is to be adopted;and
• the right to inherit from the child.

[ScottGem]

A custodial parent is the one with primary physical custody. The NCP is the other one. There are many factors involved so its really impossible to answer your question. The NCP could have joint legal custody which allows him to have a say in any decisions on schooling or medical care.

If they don't have legal custody, then it depends on what the court ordered. They could have no rights at all other than a right to have custody revisited in the future.

[daniigurl]

I currently reside in California. The judge I saw didn't get into details about things, so I'm confused as to what this means for him, and what it means future wise for me.

[daniigurl]

There is a custody order in place, supervised visitation was granted with no word on whether this was subject to change at a later date, I assume due to it being supervised instead of no visitation, there is a possibility for change at a later point. He is not a very involved parent, my guess is that it will take a great amount of effort and growing up on his part for change to occur. But in the meantime is legal custody centered only around school, religion, medical? Or if I moved would I need his consent as I would if we had joint legal/physical? I have no plans to move, I am just trying to understand thoroughly.

[AK lawyer]

I currently reside in California. The judge I saw didn't get into details about things, so I'm confused as to what this means for him, and what it means future wise for me.

Did the judge not issue a written order? What does the order say?

[AK lawyer]

There is a custody order in place, supervised visitation was granted with no word on whether this was subject to change at a later date, I assume due to it being supervised instead of no visitation, there is a possibility for change at a later point. He is not a very involved parent, my guess is that it will take a great amount of effort and growing up on his part for change to occur. But in the meantime is legal custody centered only around school, religion, medical? Or if I moved would I need his consent as I would if we had joint legal/physical? I have no plans to move, I am just trying to understand thoroughly.

They are always subject to change; in most states he would have to prove that circumstances have changed since the time of the original order.

Yes, "legal custody" means you get to make decisions regarding "school, religion, medical", and such things.

If supervised visitation was ordered, yes, you would have to get the court's consent if you want to move with the child to a place where such visitation would be more difficult.

[stinawords]

As pointed out you should have a written order. Look and see what it says. As a general rule if there is visitation you would not be able to just up and move across country. If your lease is up and you are looking for another place in the same area that really isn't a problem as long as you update your current address. If you are looking at a farther move that would interfere with the ordered visitation that is where you run into more of a problem.

As for the order being able to be changed, yes, it can be modified in the future. The party wanting it modified has to petition the judge the two of you would go back to court again. That doesn't mean there needs to be fighting or anything but say in a couple years he wants more alone time rather than supervised he would ask the judge to modify the visitation. The judge would then review the case and make a change or not. Visa-verse if he doesn't show up continually for a long period (not just a couple missed visits) you can petition the judge to modify the visitation because he isn't using it.

[ScottGem]

I've never known a custody order that wasn't subject to review if circumstances changed. There is usually a time limit on how frequently an application for modification can be applied for.

If there is a standing visitation order, supervised or not, if you planned a move that would interfere with his visitation schedule (whether he was adhering to it or not), you would be required to get court permission to move. For example, if had 1 hour every Wed evening and 3 on Sundays. And you moved 10 minutes away, that probably wouldn't interfere. But if you moved 2 hours away, even within the same state, it would and would put you in contempt of court because you were interfering with the execution of a court order.