Does Sole Custody Mean The Other Parent’s Rights Are Terminated?

If you’re a parent who is going through a custody battle right now, it may seem like a zero-sum game with your former spouse. If one spouse is awarded sole custody, what happens to the other spouse’s parental rights? While an award of sole custody will prevent a parent from exercising certain rights over a child, it will not terminate their parental rights. That is to say, they will still be considered the parent of the child and have rights to visitation. Only a termination proceeding can successfully terminate a parent’s rights. In this article, the Tampa, FL child custody attorneys at Faulkner Law Group, PLLC will discuss what an award of sole custody means for the parents.

What is sole custody in Florida? 

In Florida, if a parent has sole custody of a child, that means that they not only have physical custody of the child (the child resides with them) but they also have sole decision-making power over the child (legal custody). Legal custody is the right to make decisions on behalf of the child. Such decisions include where the child goes to school, healthcare decisions, and religious upbringing. When one parent has sole legal custody of the child, that means that they have the sole decision-making power over the child. The other parent still has the right to visit the child, however.

Under Florida Statutes § 61.13, the courts must decide custody matters in accord with what is in the best interests of the children. There is a presumption under Florida law that joint custody is in the best interests of the children. The Florida courts will only award sole custody to one parent when there is good reason to do so. This can include a history of domestic violence, a current substance abuse problem, or general unfitness of the parent.

An award of sole custody would not terminate the other parent’s rights 

When one parent is awarded sole custody of a child, the other parent does lose some parental rights. However, the parent retains the right to visit and maintain a relationship with the child. In addition, the parent has obligations to the child. Those obligations include providing child support to the custodial parent.

In addition, an award of sole custody need not be permanent. The non-custodial parent can petition the court to revise the custody arrangement so that the parent does have custody of the child. If a parent’s rights to a child are terminated by the court, the parent has no such rights.

What is the termination of parental rights? 

The termination of parental rights is a legal process that permanently ends the legal relationship between a parent and a child. The parent would no longer have any rights or obligations to the child. This includes paying child support. Termination of parental rights generally requires the consent of both parents. It occurs in situations where a step-parent would want to adopt a child as their own.

Talk to a Tampa, FL Child Custody Attorney Today 

Faulkner Law Group, PLLC represents the interests of couples looking to divorce in Tampa, FL. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your case right away.