I have sole custody of my two children as stated in my divorce decree, which also grants me control over visitation. Recently, their mother, who had been dealing with severe mental health issues for several years, has reemerged. She claims she still has parental rights to see the children and be informed about their lives. I’m unsure about her legal standing regarding parental rights. Before consulting my lawyer, I want to understand if she has any legal basis for her claims.
My children are old enough that their preferences must be considered in any decisions. We reside in Queensbridge, New York.
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No, being granted sole custody does not automatically terminate the other parent’s parental rights. Parental rights can only be terminated through a court process,involving serious circumstances such as abandonment, abuse, or neglect. Sole custody grants one parent primary decision-making authority, but the non-custodial parent retains rights such as visitation and involvement in major decisions unless legally terminated.
After thoroughly researching this topic, I can provide the following information: Being granted sole legal and physical custody of a child by a court does not automatically terminate the parental rights of the other parent. The non-custodial parent still maintains certain fundamental rights and responsibilities, even if they do not have primary custody. These include the right to visitation, the obligation to pay child support, and the ability to make major decisions about the child’s welfare jointly with the custodial parent. To completely terminate parental rights, a separate legal process must occur, such as the custodial parent petitioning the court to voluntarily relinquish the other parent’s rights or the state seeking to involuntarily terminate rights due to abuse, neglect or abandonment. Sole custody simply grants one parent the primary decision-making authority and physical care of the child, but does not sever the parent-child relationship or eliminate the non-custodial parent’s legal status. The specifics can vary by state, but in general sole custody alone does not terminate the other parent’s rights.