Legal Question in Family Law in Minnesota
Terminaton of parental rights
My ex-husband and I have been divorced for 2 years and I am currently remarried. I was awarded sole legal and physical custody of our son who is now 5. My ex hasn't seen hime since he was 9months old and doesn't call. He pays child support rarely. He basically has no interest in our child. I would like to have his parental rights terminated. How can I do this? I believe that I have a case of child abandonment, but am unsure if we meet all the criteria? Any suggestions would be helpful. Thank you.
2 Answers from Attorneys
Re: Terminaton of parental rights
Termination is difficult, even if your facts are true. The best way is if your current husband would be willing to adopt. Contact me at 952-746-4111 if you would like to discuss this possibility. I offer a free initial consultation.
Re: Terminaton of parental rights
In general it is the policy of the State of Minneosta to leave no child fatherless. Although the guy is a jerk, at least he has a legal obligation to care for the child. Unless he is endangering the child some way, the state has no reason to terminate his rights. Inaction is not enough in and of itself.
It would be a whole other matter, however, if your current spouse wanted to adopt the child. If he were to adopt, the child would not be childless - BUT the natural father's rights would be terminated as part of the process.
The stepfather adoption would probably require the consent of the natural father - or if the natural father won't consent, it could be completed as long as the natural father does not object. Since this would end the child support obligation, the natural father might be happy about it.
It would at least be worth a try.
Good luck.
This response if for general infomation purposes only and does not create an attorney-client relationship. You are advised to seek the advice of the attorney of your choice concerning the details of your case.
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