Noncustodial parent
A noncustodial parent is a parent who does not have physical and/or legal custody of his/her child by court order. << you can be considered a non-custodial parent even while having shared physical and/or legal custody.
A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. Where the child will only live with one of the parents, sole physical custody is ordered, and the parent with which the child lives is the custodial parent, the other parent is the non-custodial parent.