Legal Question in Family Law in Minnesota

Re: how to get my exs parental rights taken away

It will be difficult to do without getting the biological father to sign a consent form. Also, it would be best if you and your fiance were married before you apply for him to adopt your daughter. Please call me to discuss. I need to know more details before I can advise you.

Re: how to get my exs parental rights taken away

I just received you question regarding the termination of a birth parent's rights and a step parent adoption.

You did not frame the question in those terms, but that is the essence of the legal issue.

Unfortunately perhaps, it is rather difficult to terminate the father's parental rights, even if he is relatively uninvolved and does not pay support. This does not mean it is impossible, but that it is rather difficult, since the court does not lightly terminate any parent's rights with a child.

If you previously obtained a child support order, and the father has never paid support, resulting in the accumulation of subsantial arrears, it is possible to file a petition in juvenile court requesting a termination of parental rights pursuant to a step parent adoption. Parental rights can sometimes be terminated due to non-support, usually coupled with a lack of visitation, but this presumes a few things:

1. that you have a support order and the father has failed to pay support as ordered, despite enforcement efforts by you or the county;

2. that you have been married for at least a year, and that your husband has develpped a close, parent-child relationship with the child; and

3. that the biological father has been afforded the opportunity for visitation, typically pursuant to a court order, and has consistently failed to exercise visitation or acknowledge any relationship with the child.

His failure to provide support, in the absence of a court order, does not establish non-support. If you have not done so, perhaps you should contact the child support office and request child support assistance. In response, the biological father may well request visitation. If he fails to exercise visitation, and does not pay support, and you are married and your marriage is successful, then you may want to revisit this issue, but at present it is a near certainty the court would refuse to terminate the biological father's parental rights.

If you require assistance with the issues of child support or visitation (now called "parenting time"), feel free to contact my office.