Does an Award of Sole Child Custody Terminate the Other Parent’s Rights?

Are you a parent who is preparing for or going through a child custody case in Florida? If sole custody is an issue in your case, you may be wondering: Does an award of sole custody mean that the other parent’s rights are terminated? The answer is “no”—even if sole custody is awarded, the other parent retains parental rights unless there is a specific termination proceeding. Here, our Clearwater child custody lawyer provides a more comprehensive explanation of what an award of sole custody means for the rights of the other parent in Florida.

What is Sole Custody in Florida?

 In Florida, sole custody includes both sole physical custody (possession of the child) and sole legal custody (decision-making authority) over the child. It is an arrangement that grants one parent the exclusive right to make major decisions regarding the child’s welfare, including education, healthcare, and religious upbringing. No input/agreement from the co-parent is required.

Florida is a best interests of the child state. Under Florida Statutes § 61.13, what is best for the child’s health, safety, and well-being takes the top priority in determining custody. The state presumes that some form of joint custody is inherently best for the child. However, sole custody can be granted to one parent when deemed best for the child.

 An Award of Sole Custody Does Not Terminate the Other Parent’s Rights 

Even when one parent is granted sole parental responsibility, the other parent’s rights are not entirely terminated. Quite the contrary, the non-custodial parent may still retain the right to maintain a relationship with the child through visitation. Beyond that, the non-custodial parent is typically obligated to provide financial support in the form of child support payments. Further, the non-custodial parent may be able to petition for a modification to get some form of joint custody in the future based on a substantial and material change in circumstances.

What is a Termination of Parental Rights in Florida? 

Termination of parental rights in Florida is a legal process that permanently ends the legal relationship between a parent and a child. In other words, it is an official legal action that removes all rights and responsibilities—including child custody rights, child visitation rights, and child support obligations. Termination can be voluntary or involuntary. Termination of parental rights is reserved for a relatively limited number of cases. It usually requires consent of both parents. Even if a parent has no custody rights, that does not mean that their parental relationship is terminated.

 Contact Our Clearwater, FL Child Custody Attorney for Immediate Help With Your Case

At the Law Office of Gale H. Moore P.A., our Clearwater custody lawyer is a compassionate, solutions-forward advocate for parents. If you have any specific questions about sole custody, we can help. Contact our family law firm today to set up your confidential, no obligation appointment. We handle child custody cases in Clearwater, Pinellas County, and throughout the wider region.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html