Legal Question in Family Law in Minnesota
When a father is not involed with a child from birth and has not had any contact in over 5 mos and does not pay any child support. Can a mother file abandonment and have the fathers legal rights removed...the child is under a year. Filed chils support but unable to get a court date due to the country can not find him. Been waitinf for a court date since Aug 2009.
1 Answer from Attorneys
A basis for a termination of parental rights is abandonment, but courts are very careful not to terminate rights where the parent hopes to be a part of the child's life. A 5 month absence is not likely to be sufficient to support an action. If the absence and the failure to provide court ordered suport persists, there may be a basis.
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