I have full custody of my two children as per the divorce decree, which includes control over visitation rights.
Their mother has recently resurfaced after struggling with severe mental health issues for several years. She asserts that she still retains parental rights to visit the children and be informed about their lives. I’m uncertain about her legal standing regarding parental rights. Before I incur legal costs, I want to determine if she has a valid legal claim.
My children are at an age where their preferences must be considered.
We reside in Maryland.
Signing over custody to the other parent does not terminate your parental rights, even if they receive sole custody.
Based on my research, having sole legal custody does not automatically terminate the other parent’s parental rights. Sole legal custody means you have the exclusive right to make major decisions about the child’s upbringing, such as education, healthcare, and religious upbringing. However, the non-custodial parent still retains certain fundamental rights, including the right to visitation, the right to be informed about the child’s welfare, and the obligation to provide financial support. To completely terminate a parent’s rights, there would need to be a separate legal proceeding to do so. This is a serious step that is not taken lightly by the courts. Grounds for involuntary termination of parental rights typically include severe abuse or neglect, abandonment, long-term incapacity due to mental illness or substance abuse, or conviction of certain violent crimes. Even in cases of sole legal custody, the non-custodial parent’s rights remain intact unless a court specifically terminates them through a formal termination process. The goal is usually to preserve the parent-child relationship if possible, rather than completely severing it.
The other parent receiving sole custody does not terminate your parental rights, even if you sign over custody.