A termination of parental rights ends the parent-child relationship, rendering the child free to be legally adopted by someone other than their biological parent. The process of terminating of parental rights can be an extremely complex one, and Minnesota courts take these issues very seriously. Our Minnesota parental rights and child custody lawyers can help.
Termination of parental rights in Minnesota can occur in two ways: voluntarily or involuntarily.
Voluntary Termination of Parental Rights
Under Minnesota law, a parent who wants to terminate his or her parental rights may do so by providing written consent. However, termination may not be as simple as it sounds. Even if the parent provides written consent, and even if both parents are in agreement that the parental rights must be terminated, the judge will still need to determine whether the parental rights are being terminated for good cause.
Voluntary termination of parental rights in Minnesota can get very challenging because judges can be reluctant to terminate. Someone must usually be waiting and willing to adopt the relevant child. If the custodial parent is not in favor of termination, it is highly unlikely that the voluntary termination will be granted.
Involuntary Termination of Parental Rights
In an involuntary termination of parental rights in Minnesota, the court will demand compelling evidence that there are grounds for termination. The county attorney will usually pursue such matters, and they face a significant burden of proof. Situations involving an involuntary termination may include:
- Failure to provide financial support to the child;
- Failure to provide parental support to the child;
- Unfit parents; or
- If the parent has engaged in egregious harm to the child.
Parents are afforded every opportunity to demonstrate their fitness to raise the child before their rights to the child are terminated. Our expert child custody and termination of parental rights lawyers in Minnesota will fight for you, to secure the rights you deserve and protect your family.
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