Legal Question in Family Law in Minnesota

Does our foster child need a lawyer?

Can we hire an attorney for our foster child, so that the order for termination of parental rights can be filed? April of 2000 a judge gave the go ahead for termination, in may 2000 social worker gave the papers to the county attorney to file. county attorney still has not filed the order.Can we on behalf of our foster child hire an attorney to file the order to speed up this process?


Asked on 12/09/00, 3:50 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Does our foster child need a lawyer?

The answer to your question depends on why you want to terminate the parental rights. If you want to adopt the foster child, you might consider hiring your own attorney to start that. As I understand it, an adoption petition could be served on the natural parents and if they don't respond, their parental rights are terminated as part of the adoption proceeding. This is done in juvenile court, where the judge may appoint a guardian ad litem for the child - which is about the same as a lawyer for the child.

So if adoption is your goal, go see a lawyer who does that. He or she will develop a strategy for you.

If there are other reasons you want the parental rights terminated, it could be an entirely different matter. But what you still want is a guardian ad litem for the child.

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

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Answered on 12/10/00, 9:30 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Does our foster child need a lawyer?

Yes.

A person with a significant relationship to the child may file a petition to terminate parental rights.

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Answered on 12/10/00, 10:42 pm


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