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May a noncustodial parent claim the child tax credit for his or her child? Yes, a noncustodial parent may be eligible to claim the child tax credit for his or her child as long as he or she is allowed to claim the child as a dependent and otherwise qualifies to claim the child tax credit.
Until you have a court order, both parents have the same rights. This means that both of you can make decisions about your children. No parent has any more rights to have the children in their care than the other.
The noncustodial parent is typically required to pay child support, and visitation is arranged. Where the child will live with both parents, joint physical custody is ordered, and both parents are custodial parents.
Noncustodial parents generally retain the same rights as custodial parents unless a court order restricts the rights of the noncustodial parent. These rights include but are not limited to accessing his/her childs student records, participating in school activities and visiting the child at school.
Parents can use the form to make agreements, or request court orders, about other matters concerning child custody that are in the childs best interest. It can also be used to state family or juvenile courts decisions (orders) about additional child custody issues. Get form FL-341(D)
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Unlike legal custody, visitation does not give a parent the right to make major decisions about the childs well-being, including education or medical care matters. A parent must have either sole or shared legal custody in order to make those decisions.
A judge can award parents joint legal custody but not joint physical custody. That means the non-custodial parent will have decision-making rights for their children. However, they wont have the right to have their children live primarily with them.
Child Custody and Visitation (Parenting Time) Order Attachment (FL-341) States the courts decisions (orders) after a hearing about child custody and visitation (parenting time) plans that are in the childs best interest. This can be used as an attachment to many other forms, as noted at the top of form FL-341.

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