Minnesota Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights

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US-00877BG
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This form is a petition to declare a child free from a parent's custody and control on the grounds of cruel treatment.
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FAQ

In Minnesota, joint custody does not necessarily mean a 50-50 parenting time arrangement. ?Joint custody? has a specific meaning under the law. A 50-50 split is just one potential parenting time arrangement.

Contrary to common belief, in Minnesota there is no particular age at which a child gets to decide which parent he wants to live with.

There is no set age in Minnesota when a child chooses to not see a parent. Parenting time is determined by the best interests of a child which is measured by twelve separate factors. One of the twelve factors is the reasonable preference of a child depending upon his or her age and maturity.

How Does Shared Custody Affect Child Support? People often think that the parent who has physical custody will receive child support but in Minnesota child support is not affected by custody; instead, the amount of court-ordered parenting time (visitation) is considered in calculating child support.

CPS workers do not have the authority to remove a child out of the home unless the parents either agree to such removal or they obtain a court order.

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

In 2013, the Minnesota Legislature passed the Family Reunification Act. This law lets a judge reestablish (give back) parental rights that were terminated (taken away) in a Juvenile Court proceeding.

Under MN law, the child's preference is one of the factors the court will consider when deciding custody, but it is not the only factor. There is not a specific age listed in the law, so it is up to the judge to decide whether the child(ren) is old enough and mature enough to make a choice.

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Minnesota Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights