Legal Question in Family Law in Minnesota

Re: Visitation/Custody/Adoption

Please contact me. I will be happy to answer all of your questions (on the phone or in person), but it would just be too long to do so via e-mail.

Re: Visitation/Custody/Adoption

Thank you for your question. Here is the response, in order of the issues you have presented:

First, "reasonable and liberal" visitation does not have a specific definition, according to which some specific schedule is prescribed. In general, this leaves visitation (now called parenting time) up to the agreement of the parties. Because no schedule is prescribed, most lawyers will advise you to include a specific schedule in your agreement, if you are concerned about establishing some kind of routine and want to avoid periodic disagreements over scheduling issues.

Second, although the father does not visit unless prodded to do so, he still has parental rights, including the right to periodic parenting time. His parental rights are not "forfeited" because he lacks assertiveness.

Third, a step parent adoption will generally require the consent of the biological father, unless his parental rights can be terminated because of abuse or neglect. (Neglect in this context is more than simply being less than diligent in seeking parenting time.) Further, even if the biological father consents, the mother and step father must have generally been married for at least one year in a stable relationship, pass a background check and have an adoption petition approved by the juvenile court -- among other things. The entire process is rather involved and, most important, generally requires the consent of the biological father.

Fourth, grandparents do have a right to parenting time. They must petition the court for an order, and in general, will be awarded more or less time depending upon how close their relationship has been with the child.

If you have further questions or concerns, please feel free to contact me. My contact information is below.