Legal Question in Family Law in Minnesota
Uninvolved legal father; stepfather would like to adopt
My ex is the legally established father of my daughter. We had the child support hearing in July of 2000. He has had no contact with her since August. He has never paid child support.
I married Sept. of 2001. Have lived with my husband since spring of 2000. He has supported my daughter and would like to adopt her.
Bio father is likely to fight a TPR tooth and nail. We offered him a settlement before the court hearing where he would give up his rights, my husband would adopt her and we would ask for no support, and would still allow him and his family contact with her, he vehemently refused. We don't know where he is now, he hasn't had a permant residence since he lived with me.
How hard will it be to get the bio dad's rights terminated? Can we do it after the 6 months, or should we wait longer since he's likely to fight it. What kind of info can I gather to validate my decision? My ex is telling people that he calls and my husband and I refuse to let him see her (he doesn't call.)
2 Answers from Attorneys
Re: Uninvolved legal father; stepfather would like to adopt
It is difficult to do a termination. Abandonment is what you are looking for and I am not sure it has been long enough. You will also have to overcome his claim that he calls all of the time. We do adoption work and do offer a free initial consultation. If you and your husband would like to explore your options further, please feel free to call me at 952-746-4111.
Re: Uninvolved legal father; stepfather would like to adopt
A district court cannot order the termination of parental rights unless it is proved by clear and convincing evidence that at least one statutory ground for termination exists. Parental rights may be terminated if a court finds that the parent has: (1)abandoned the child; (2) substantially and continuously neglected the child even hough social services has attempted to correct the situation; (3) is "palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct." Minn.Stat. � 260C.301, subd. 1(b)(4) (2000).
There are more reasons, nbut these are the most likely to apply to your situation
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