Custodial Parent

What is a custodial parent?

Child custody is divided into two types: physical and legal custody. If one parent is granted physical custody by the court, they are considered the custodial parent, meaning that they provide the primary place of residence for the child and are the parent that the child spends the majority of their time with. The noncustodial parent is the one that the child stays with for the least amount of time. 

But this can raise some questions for parents: Who is considered the custodial parent if both parents are granted joint physical custody and joint legal custody? Does a noncustodial parent still have legal custody of a child? 

• If both parents have 50/50 joint custody, the custodial parent is still considered the person with whom the child stays for the majority of the time, even down to the number of nights. 
• A noncustodial parent can still share legal custody of a child, even if they don’t have primary physical custody. 
• If one parent has both sole physical custody and sole legal custody, the other parent may still have visitation rights and obligations to pay child support.

There are a couple of different scenarios that can be included in a child custody agreement. The court will decide—via court order and/or parenting plan—which scenario is in the child’s best interest. 

FAQs 

Is custodial parent the same as birth parent?

A child’s custodial parent is not necessarily the same as a birth parent—but they can be the same person depending on the circumstances. The custodial parent is the parent with whom a child spends the longer period of time during the year. This person may be the child’s birth parent or not.

How does the IRS define custodial parent?

The IRS defines custodial parent as the parent with whom the child spent most of the tax year. The custodial parent can claim their child as a dependent on their tax filings to receive certain deductions and credits—even if the noncustodial parent provided most of the financial child support. 

What’s the difference between full custody and custodial parent?

If a child’s parent is granted full custody, that means that they are the custodial parent because they have sole physical custody and sole legal custody. But just because the other parent (considered the noncustodial parent) doesn’t have sole custody doesn’t mean that they don’t have visitation rights—it all depends on the judge’s order in the custody case. 

Is losing custody the same as parental rights?

If a parent loses physical custody of their child, it doesn’t necessarily mean that they lose parental rights. The noncustodial parent may still have visitation rights and legal custody, meaning that they can help make important decisions with the custodial parent about their child’s life, like the child’s education, medical treatments, and other decisions about the child's well-being.