Does Sole Child Custody Terminate the Other Parent’s Rights in Massachusetts?
In Massachusetts, shared legal custody is favored. However, it will not be awarded automatically in a custody dispute. Sole custody can be granted when it is deemed in the best interests of the child. To be clear, sole custody does not mean that the non-custodial parent’s rights have been terminated. Here, our Peabody child custody attorney provides a guide to what happens to the other parent’s rights when sole custody is awarded in Massachusetts.
What Sole Custody Means in Massachusetts?
Massachusetts law distinguishes between sole legal custody and sole physical custody. Under G.L. c. 208, § 31, sole legal custody means that one parent has the right and responsibility to make major decisions concerning the child’s welfare, including education, medical care, and emotional, moral, and religious development. Sole physical custody means that the child resides with and is primarily supervised by one parent.
Key Point: Neither designation, by itself, terminates the other parent’s legal status as a parent.
The Non-Custodial Parent Can Still Have Parenting Time and Access to Records
An award of sole physical custody ordinarily does not eliminate the other parent’s ability to maintain a relationship with the child. Indeed, Massachusetts law expressly defines sole physical custody as residence with one parent subject to reasonable visitation by the other parent, unless the court determines that visitation would not serve the child’s best interests.
Massachusetts law also expressly protects certain informational rights of a noncustodial parent. A custody judgment generally cannot prevent that parent from obtaining the child’s academic, medical, hospital, and other health records merely because the other parent received custody. The court may restrict disclosure of address information when necessary to protect the safety or welfare of the child or another party, including in certain cases involving protective orders.
A Court Can Restrict Parenting Time Without Terminating Parental Rights
There are circumstances in which the Probate and Family Court may significantly restrict a noncustodial parent’s contact with a child. Evidence of domestic violence is particularly important. Under Massachusetts law, evidence of past or present abuse is contrary to the child’s best interests, and a pattern or serious incident of abuse can trigger special statutory protections.
Termination of Parental Rights Requires a Separate, Far More Serious Determination
Termination of parental rights is fundamentally different from awarding sole custody. Under G.L. c. 210, § 3, a Massachusetts court may enter a decree dispensing with a parent’s consent to matters involving adoption or other disposition of the child when the statutory requirements are satisfied. The statute directs the court to examine parental fitness, including issues such as abandonment, abuse or neglect, failure to provide proper care, and other circumstances bearing on the parent’s ability to assume parental responsibility.
Massachusetts appellate law requires a court considering termination to find clear and convincing evidence of parental unfitness and then determine that terminating the legal parent-child relationship serves the child’s best interests. Termination therefore permanently severs legal rights in a way that an ordinary sole-custody judgment does not.
Contact Our Massachusetts Child Custody Attorney Today
At Reade Law Firm, PC, our Massachusetts child custody lawyer is a compassionate, experienced advocate for parents. If you have any questions about sole custody, we are here to help. Call us now or contact us online today to set up a strictly confidential consultation. With an office in Peabody, we handle child custody cases throughout the surrounding region in Massachusetts.
Source:
malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section31