What are parental rights in a divorce? Well, that varies from couple to couple and from state to state. The rights that parents have to make decisions and care for their children do not change simply because the couple is divorcing or has recently divorced. Parental rights are first established through a parenting plan or separation agreement that the couple may have drafted during the early stages of their divorce. If they failed to create such a beneficial plan, their parental rights in the divorce may be determined by the court. How is that possible? Well, if a couple cannot agree or reach reasonable terms regarding their children, the court may view the scenario from the best interest of the children and make a decision about custody and visitation based on some plain facts. For this reason, if a couple is concerned about loss of parental rights from divorce, they should work to make arrangements of their own and submit them to the court for approval.