Does an Award of Sole Child Custody Terminate the Other Parent’s Rights?
In Florida, family law favors family preservation, emphasizing the importance of both parents being active in their child’s life. While in some circumstances, one parent may be awarded sole custody for the child’s best interests, the other parent retains certain rights and responsibilities, including the right to maintain a relationship with the child through visitation and the obligation to provide financial support. Sole custody doesn’t equate to the termination of parental rights; that requires a specific termination proceeding. This article explores what sole custody entails and its impact on parental rights.
What Is Sole Custody?
Sole custody refers to an arrangement in which one parent has exclusive authority over significant aspects of a child’s life. It can be categorized into sole physical custody (the child lives primarily or entirely with one parent) and sole legal custody (one parent has the exclusive right to make major decisions about the child’s welfare). Sometimes, a parent may have sole physical custody but share legal custody, meaning that the non-custodial parent gets a say in important decisions regarding the child’s life. These include decisions like education, healthcare, and religious upbringing.
The Difference Between Custody and Parental Rights
It is important to note that custody and parental rights are different legal concepts. Custody determines who lives with the child and has the authority to make decisions regarding the child. Even if you are not granted sole custody, you may still maintain rights to visitation and decision-making, depending on the court order.
On the other hand, parental rights define the legal relationship between a parent and child. If a parent’s parental rights are terminated, they are stripped of their visitation rights and obligations. Essentially, losing your parental rights means you may no longer be able to raise your kids, talk with them, visit them, make any decisions about them, or even block your child’s adoption to a new family.
Circumstances for Terminating Parental Rights
Parental rights can only be terminated under specific conditions outlined by Florida law. These include the following:
- Voluntary Surrender
Voluntary surrender occurs when a parent relinquishes their parental rights, often for adoption purposes. This requires legally binding documentation and should only be done after thorough consideration, as such a decision is permanent. However, the surrender may be withdrawn if the court finds that a parent relinquished their rights under duress or fraud.
- Abandonment
In Florida, if a parent cannot be located for 60 days or more, it can be deemed as abandonment. At the same time, if a parent makes no effort to maintain a relationship with the child, the court may terminate their rights. The decision is made based on the child’s best interests.
- Safety Rights
A parent’s rights may be terminated if they significantly threaten the child’s health or safety. The safety threat doesn’t have to be physical; any action or inaction that threatens the child’s mental, emotional, or physical health can be considered a safety threat.
- Egregious Conduct
Actions deemed egregious, such as severe neglect or harm to any child under the parent’s care, can lead to the termination of parental rights to protect the child from further harm.
Contact an Orlando Divorce Lawyer Today
If you have further questions regarding sole custody or parental rights in Florida, contact our Orlando divorce lawyer at the Arwani Law Firm today for further guidance.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0039/Sections/0039.806.html
