Legal Question in Family Law in Minnesota

Re: can they adopt?

I know little about the ICWA, but I have been involved in numerous actions to terminate parental rights. My impression would be that if your parental rights are about to be terminated, you are in no position to call the shots. Until your rights are terminated, you get to attend all the hearings. You should express your concerns there.

The last time I had one of these cases, the mother was appointed a free attorney paid for by the state - a public defender or someone similar. Also there was a guardian ad litem appointed to watch out for the best interests of the child. If the child does not have a guardian ad litem, ask that one be appointed - but I am sure there already is. They wouldn't do this without a guardian.

You get to state your concerns, but you can't give up your rights and keep control of what happens to the child. If you want to try to stay in the loop as to what goes on with this child, agree to give up custody if you must; but resist giving up parental rights. When you give up parental rights, it is as if that child was never born as far as you are concerned.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.