Legal Question in Family Law in Minnesota

Re: termination of paternal rights

Thank you for your question regarding the voluntary termination of parental rights.

I am frequently asked this question. The answer is that neither parent can unilaterally terminate his or her parental rights, regardless of whether there is a history of interference with visitation or problems with child support.

If visitation has been a problem, the remedy is to obtain an order enforcing the schedule -- perhaps by contempt, or by requesting compensatory time. If the parties do not have a fixed schedule, then the court can be asked to order one.

If there has been a substantial change in one party's financial circumstances since support was last ordered or reviewed, the court can be asked to modify the obligation -- provided the change in circumstances meets the threshold requirements in the statute.

The law will not allow a parent to give up his or her responsibility for a child, however, no matter how dysfunctional the relationship between the parents may be. In effect, the law will not allow a parent to "orphan" a child because he or she cannot get along with the other parent.

If the mother remarries, and her husband wants to adopt the child, the law allows for a step parent adoption. In that case, your husband could consent to the termination of his parental rights, because there is another individual who will become the father of the child. Short of that, the law expects both parents to provide support for the child and to make use of whatever remedies the law can offer to resolve problems that may errupt between them.