Primary Residential Custody Versus Parental Rights

• Children do the majority of their living with the primary residential custody holder. Generally, the children will live with the primary residential custody holder during the weekdays and attend school. The non-primary custody holder retains parental rights — the right to spend time with the child, and to consent to marriage and military service. Being the primary custody holder and having parental rights are two different things.
  
  

Continuity

• A court will usually award primary custody to the household that provides continuity for the child. The court is unlikely to take a child away from her comfort zone, especially if there is no history of violence or crime and the child is doing well in school. In certain cases, during an amicable divorce, one of the parents moves out. The parent that moves out is unlikely to gain primary custody because it would disrupt continuity.
  
  

Stability

• A Florida court will weigh stability in the primary custody decision. The court may award primary custody to the household that can prove financial stability, permanence of home and the ability to provide. The parent's bond with the child and the parent's ability to be a role model are also considered. The decision will be made weighing both continuity and stability.
  
  

Voluntarily Terminated Parental Rights

• There is no such thing as voluntarily terminated parental rights in the state of Florida. A biological parent cannot lose parental rights unless a court deems him unfit. A parent can be deemed unfit for spending time in jail, a history of abuse, a history of drug or alcohol abuse, and for being financially delinquent.