Does Sole Custody Terminate Parental Rights?

• What is sole custody?
• Custody vs. parental rights: Differences
• Understanding sole legal custody
• How are custody and parental responsibilities decided?
• Losing parental rights
• Examples of the “best interest of the child” standard
• Advice for non-custodial parents
• Legal aid and support networks

If you don’t get sole custody of your children during your divorce, your parental rights aren’t terminated – usually, you have quite a few rights. 

Sole custody and parental rights are legal terms that pertain to a relationship between parent and child. But they mean very different things. A parent without sole custody still has rights and is still considered the child’s parent, but they may no longer live with the child nor make most of the major decisions affecting their care.

A parent with terminated parental rights is no longer the child’s legal parent and has no associated rights. A different family could adopt the child, and the parent would have no legal grounds to contest that adoption.

In this blog, we explain what it means to be a parent with sole custody and the rights of the other non-custodial parent.

Read: Can a Special Master Help in My Child Custody Matter?

What is sole custody? 

“Sole custody” is a term used in family law to describe a situation where only one parent has full legal authority and thereby it is their responsibility to make important decisions regarding the upbringing of the child, including education, healthcare, and religion. 

Sole custody can be divided into two types:

1.  Legal custody: Sole legal custody means one parent has the exclusive right to make major decisions about the child's life. The other parent may not have any say in these decisions.
2.  Physical custody: Sole physical custody means that the child lives with one parent, who is responsible for their care. The non-custodial parent may have visitation rights, but the child does not live with them on a regular basis, if ever.

In some cases, a parent may have sole physical custody but share legal custody with the other parent, meaning the non-custodial parent still has the right to make decisions about the child’s life.

Courts typically grant sole custody if they deem it in the best interests of the child. They consider factors such as the parent's ability to cooperate with parenting plans, any history of abuse or neglect, and the child's needs.

Custody vs. parental rights: Differences

Parents have various rights in relation to their children. But divorces can strain the parent-child relationship, and sometimes, courts limit what parents can and can't do after a divorce.

Custody involves living arrangements, legal decisions, or both. A parent without sole custody has limited rights but is still considered the child's parent. 

Parental rights involve the legal relationship between parent and child. If parental rights are terminated, the child can be placed with a new family, even if you don’t want to let the child go. 

Sole custody and parental rights are completely different legal concepts. Losing parental rights severs your legal relationship with your child. If you don’t get sole custody, you may still maintain your parental rights. 

Many times, issues related to custody and parental rights are set at a state or even county level, so where you live can matter a great deal. 

Examples of state-specific legal precedents for custody and parental rights

State laws regarding sole custody and parental rights can vary. Here are some examples highlighting different state laws and notable legal precedents:

California

Law: California courts consider the best interests of the child when determining custody, emphasizing frequent and continuing contact with both parents unless it poses harm to the child.

Precedent: In the case of In re Marriage of Burgess (1996), the California Supreme Court held that a custodial parent has the presumptive right to relocate with the child, provided the move is in good faith (not intended to disrupt the non-custodial parent's visitation rights).

Texas

Law: Texas uses the term "conservatorship" instead of custody. Sole managing conservatorship can be awarded if it is in the best interests of the child, particularly in cases involving domestic violence, neglect, or substance abuse.

Precedent: In Lenz v. Lenz (2000), the Texas Supreme Court asserted the importance of maintaining a relationship with both parents and set standards around the circumstances a parent is allowed to move with their child.

New York

Law: New York courts prioritize the best interests of the child as stated above, including factoring in each parent’s ability to provide for the child’s emotional and intellectual development.

Precedent: The case Eschbach v. Eschbach (1982) set a precedent by outlining factors that courts should consider when determining custody, including the stability of the home environment and the child’s preferences.

Florida

Law: Florida favors shared parental responsibility, but sole parental responsibility can be awarded if shared responsibility could pose negative consequences to the child. Florida parents must create detailed parenting plans to ensure the welfare of the child.

Precedent: In Watt v. Watt (2002), the court decided that changes to custody arrangements must demonstrate a substantial, tangible change in circumstances in the best interest of the child.

Pennsylvania

Law: Pennsylvania courts prefer joint custody arrangements unless one parent is deemed unfit. Factors include parental duties performed by each parent, stability, and any history of abuse.

Precedent: In Arnold v. Arnold (2003), the court ruled that sole custody might be appropriate if one parent has significantly more involvement in the child’s life and the other has limited contact or there is evidence of instability.

Understanding sole legal custody

A parent with sole legal custody has the right to make significant decisions regarding various aspects of the child's life without the other parent’s consent. The scope of decisions covered under sole legal custody typically includes:

1. Education

• School: Which school the child will attend (public, private, or homeschooled).
• Educational programs: Learning programs, extracurricular activities, and tutoring.
• School activities: Field trips, sports, and other extracurricular activities.
• Parental involvement: Parent-teacher conferences and other school-related decisions.

2. Healthcare

• Medical decisions and treatments: Choosing doctors, dentists, and other healthcare providers. Deciding on medical treatments, surgeries, and vaccinations. This includes mental health.
• Emergency care: Making immediate decisions in medical emergencies.

3. Welfare

• Living arrangements: Where the child will live and any potential moves.
• Religious upbringing: The child’s religious or spiritual activities and teachings.
• Discipline: Establishing behavioral codes of conduct, moral development, and ethics.
• Travel: Domestic and international travel plans.
• Cultural and social activities: Deciding on the child's involvement in cultural, social, and community activities.

Additional considerations

• Finances: Managing allowances, expenses related to the child's activities, and other financial decisions impacting the child's well-being.
• Legal decisions: The child's involvement in legal matters, such as testifying in court or dealing with law enforcement.

Impact on the non-custodial parent

While the non-custodial parent may not have the legal authority to make these decisions, they often retain visitation rights and the ability to stay informed about the child's welfare. The custodial parent is usually encouraged to keep the non-custodial parent informed about significant decisions and changes in the child's life, fostering a cooperative and supportive environment for the child's upbringing, even though the final decision-making power rests with the custodial parent. In other words, if the custodial parent doesn’t want to inform the other parent, they usually don’t have to.

A parent can lose one type of sole custody or both. Either way, you still have the right to stay connected to your child in some ways, and you might even be required to pay child support to help your child if the custodial parent is not able to provide the lifestyle to which the child has grown accustomed (and you have more income).

How are custody and parental responsibility decided?

Courts advocate for children during divorces and other legal proceedings. You won't lose custody or parental rights without a court's influence. 

Parental rights are terminated when courts determine a child can't grow up safely in the home, either because that parent poses a risk to the child or themself. The grounds for terminating rights vary from state to state. 

Courts make custody decisions during your divorce. In most states, courts consider factors such as these:

• The child’s health
• The child’s age
• The child's emotional connection to the parents
• Any exposure to violence, substance abuse, or neglect 
• Ties to home or school

You can petition for joint or shared custody during your divorce, but the judge will make a final decision based on what your child needs.

What does it mean to lose parental rights?

Losing parental rights means that officials believe the child isn't safe in your home. You're incapable of meeting the child's basic needs, and officials think the child will be safer with someone else. 

Parents who lose parental rights generally abuse their children, use drugs, or otherwise make the home unsafe or unsuitable. In some states, parents who lose parental rights can get them back again. But often, parents who lose parental rights never get them back again.

If you lose your parental rights, you may no longer be able to do the following:

• Raise your child
• Talk with your child
• Visit with your child 
• Block your child's adoption to a new family
• Make any kind of decision about your child

The specifics can vary somewhat between jurisdictions, but most states do not allow visitation after parental rights have been lost. 

Examples of the “best interests of the child” standard in custody cases

Courts determine the child's best interests in custody and termination cases by evaluating a range of factors designed to ensure the child's welfare, safety, and development. Here are some fictional examples to illustrate how these factors might be applied:

Example 1: Custody determination

Scenario: Tricia and Quincy are divorcing and seeking custody of their 7-year-old daughter, Emma. Tricia has been the primary caregiver, mostly because Quincy has a demanding job that requires frequent travel.

Factors considered:

1.  Primary caregiver role: The court considers which parent has been the primary caregiver, responsible for daily tasks such as feeding, bathing, and helping with homework. Tricia has been primarily responsible for these.
2.  Parental fitness: Both parents are evaluated for their ability to care for the child. Tricia is a stay-at-home mom with a stable routine, while Quincy’s travel schedule makes consistent caregiving challenging.
3.  Emotional bonds: The court assesses the emotional connection between Emma and each parent. She is closely bonded with her mom and dad but feels more attached to Tricia.
4.  Stability and continuity: The court prefers consistency and a stable environment. Staying with Tricia as she has been would allow Emma to stay at her current school and live close to her friends.
5.  Child’s preference: While Emma is young, the court still asks about her preferences. Emma says she wants to live with Tricia.

Decision: The court awards Tricia primary physical custody due to her role as the primary, more stable caregiver. Quincy gets substantial visitation rights, allowing him to maintain a strong relationship with Emma.

Example 2: Termination of parental rights

Scenario: Angela is a 5-year-old girl. Her father, Matt, has a history of substance abuse and has been in and out of rehab. Angela’s mother, Sarah, wants to terminate Matt’s parental rights and allow her stepfather, Sean, to adopt her.

Factors considered:

1.  Safety and welfare: The court sees Matt’s history of substance abuse as a risk to Angela’s well-being.
2.  Parental fitness: Matt’s recurring substance abuse demonstrates an inability to maintain a safe environment for Angela.
3.  History of abuse or neglect: While there is no evidence of abuse, Matt’s neglect due to substance abuse has led to several instances where Angela’s basic needs were unmet.
4.  Emotional and psychological impact: The court determines that witnessing Matt’s substance abuse has caused Angela distress and anxiety.
5.  Stability: Matt’s parenting has not been reliable. Sarah’s husband, Sean, has been a stable father figure and wishes to adopt Angela, providing a permanent and supportive environment.

Decision: The court terminates Matt’s parental rights, determining that it is in Angela’s best interest to have a stable and secure home with Sarah and Sean. Sean is allowed to adopt Angela.

Example 3: Joint custody vs. sole custody

Scenario: Darnell and Mya are divorcing and have a 10-year-old son, Michael. Darnell works from home with a flexible schedule, while Mya is a doctor at a hospital and has irregular hours.

Factors Considered:

1.  Ability to co-parent: The court evaluates the parents’ ability to communicate and make joint decisions. Both Darnell and Mya seem to cooperate and prioritize Michael’s needs.
2.  Parental availability: Darnell’s schedule allows him to be more available for Michael’s daily activities, while Mya’s job limits her availability.
3.  Emotional and developmental needs: The court considers the importance of maintaining strong relationships with both parents.
4.  Best interests of the child: The overall best interests of Michael include having the support and involvement of both parents.

Decision: The court awards joint legal custody, allowing both parents to make significant decisions for Michael. Darnell is granted primary physical custody due to his availability, with Mya having generous visitation rights and shared parenting time during her off-hours.

Potential impacts of custody loss or termination of parental rights

Ending parental rights can profoundly impact both the parent and the child. Courts hesitate to terminate parental rights because it permanently severs the legal relationship between a parent and a child. Here are some key points and references from studies and expert opinions on this topic:

Impacts on the child

1.  Loss and grief: It can feel similar to a death. The sudden and permanent loss of a parent, even an unfit one, can be traumatic. A study published in the Journal of the American Academy of Child and Adolescent Psychiatry found that children who experience the loss of parental rights often suffer from grief, loss, and attachment disorders.
2.  Attachment and trust issues: Termination of parental rights can disrupt the child’s sense of security and trust in relationships. According to the American Psychological Association (APA), children who lose parental rights often struggle with attachment issues and may have difficulties trusting others.
3.  Identity and self-worth: Dr. Brenda Jones Harden, a child welfare expert, says that children often feel rejected and may develop low self-esteem and think they are not wanted.
4.  Behavioral and emotional problems: Research from the Child Welfare League of America found that children who experience termination of parental rights are at higher risk for developing mental health issues and exhibiting behavioral problems.

Impact on the parent

1.  Grief and depression: Parents often experience intense grief and depression, similar to the loss of a loved one. A study in the Journal of Family Psychology found that parents who lost their parental rights showed higher levels of depression and anxiety.
2.  Sense of failure and shame: Parents may feel a profound sense of failure and shame, believing they have failed in their fundamental role.
3.  Impact on relationships: Research highlighted by the National Association of Social Workers suggests that parents who lose their rights often experience deteriorating relationships with other family members.
4.  Substance abuse and other unhealthy coping mechanisms: Some parents may turn to substance abuse or other maladaptive coping mechanisms to deal with the intense emotional pain.

How to lessen the negative impact of parental rights termination

• Counseling and support services: The Child Welfare Information Gateway recommends therapy, support groups, and community resources, to help families cope.
• Open adoption and continued contact: In some cases, open adoption or arrangements that allow continued contact can help ease the emotional burden on both the child and the parent.

By understanding these impacts, courts and child welfare agencies can better support children and parents through the difficult process of terminating parental rights, ensuring that the best interests of the child remain the primary focus while addressing the emotional needs of all parties involved.

How non-custodial parents can maintain a healthy parent-child relationship

Here is a step-by-step guide to help you foster and maintain a strong, positive relationship with your child:

Step 1: Establish clear communication channels

Schedule regular calls, video chats, or texting. Encourage open and honest communication. Let your child know they can talk to you about anything, but also understand and respect the boundaries set by the custodial parent, especially regarding communication times and methods.

Step 2: Create a consistent visitation schedule

Adhere to the preset visitation schedule. Plan and tell your child about upcoming visits to give them something to look forward to. Always show up on time and avoid canceling visits. You want your child to know what to expect.

Step 3: Maximize your time together

Do things that your child enjoys, rather than bringing them along for what you like. Create special rituals or traditions just for the two of you, like a monthly ball game or a special bedtime story, to make your time together memorable. Give your child your undivided attention during visits. Avoid distractions like work or phone calls. Be an active listener and show interest in their life.

Step 4: Stay involved

As much as you can, attend their school events, sports, and other activities. Offer to help with schoolwork and projects, even if from a distance. Stay up to date on their favorite hobbies, current friends, and daily activities. 

Step 5: Communicate with your co-parent

As much as they are willing to, maintain a respectful and cooperative relationship with your ex. Keep each other informed about important aspects of your child’s life, such as health issues or academics. Respect the custodial parent’s decisions and rules, even if you don’t always agree. Remember that it’s about your child’s best interests.

Step 6: Provide positive emotional support

Listen to your child’s concerns and feelings without judgment. Validate their feelings. Stay positive or objective, especially about their other parent regardless of your feelings. Let them know it’s okay to miss the other parent and talk about their experiences. Reassure your child that you love them and will always be there for them (and back it up with your actions).

Step 7: Support their development

Support your child as they evolve and mature. Demonstrate positive behaviors and values. Your actions set an example for your child. Celebrate your child’s accomplishments, big or small. Let them know you are proud of them.

Step 8: Seek support if needed

Consider joining support groups for non-custodial parents to share your experiences and gain insights from hearing other’s stories. You may also wish to get therapy or counseling, with or without your child.

Accessing legal aid and support networks

If you need help navigating custody and parental rights issues, there are numerous resources available. 

Legal assistance

1.  American Bar Association: Find legal help, including a lawyer referral service and information on pro bono legal services.
2.  National Legal Aid & Defender Association (NLADA): Free or low-cost legal services to those who qualify.
3.  LawHelp.org: Helps low-income individuals find legal aid and information for their state.
4.  Local bar associations: Check your local bar association's website for more details.
5.  Court self-help centers: Your local court may provide free legal information and assistance with court forms and procedures.
6.  Nolo: Legal information and self-help resources on family law, including custody and parental rights.

Emotional support

1.  Parents Without Partners: Support groups and programs for single parents.
2. National Parent Helpline: Emotional support and parenting resources to help parents navigate challenges. 1-855-4A PARENT (1-855-427-2736).
3.  Single Parent Advocate: Support, resources, and advocacy for single parents, including community support groups in some areas.
4.  OurFamilyWizard: Tools and resources to help divorced or separated parents manage co-parenting and communication.
5.  Co-Parenting Apps: Apps like Onward provide tools to help manage schedules, share information, and communicate effectively.
6.  Circles Support Groups: Find an online support group for divorced or single parents.

Hotlines and crisis support

1.  National Domestic Violence Hotline: Call 1-800-799-SAFE (1-800-799-7233) or visit their website at The Hotline for support and resources for individuals facing domestic violence, including legal advice and shelter information.
2.  Childhelp National Child Abuse Hotline: 1-800-4-A-CHILD (1-800-422-4453) or Childhelp. Crisis intervention, information, and referrals to emergency, social service, and support resources.

We know you strive to be the best parent you can be. Check out our library of resources or schedule a call with a caring member of our team who can help you understand your options during the divorce process. You’ve got this.