Separation does not dissolve Parental Rights to the Child

06 Jan 12 - The 2011 Florida Supreme Court on the case of two parents fighting over custody of the child got it right. The case T.M.H. v. D.M.T. (Case No. 5D09-3559) District Court of Appeal of Florida, Fifth District December 23, 2011. The FL Court wrote the following,

If we were to accept Appellee's argument that a choice must be made between the two (parents), perhaps a Solomonic approach to resolving this dispute would be preferable, but we are neither possessed of the wisdom of Solomon nor are we able to apply his particular methodology under the law as we know it today.

"Parental rights, which include the love and affection an individual has for his or her child, transcend the relationship between two consenting adults, and we see nothing in this record that makes either Appellant or Appellee an exception that places those rights in one to the exclusion of the other.

"It is unknown what caused these two (parents) to cross the proverbial line between love and hate, but that is a matter between Appellant and Appellee.

"Their separation does not dissolve the parental rights of either (parent) to the child, nor does it dissolve the love and affection either has for the child."