This guide provides an overview of how to give up parental rights. Topics covered include reasons for terminating rights, due process concerns, time deadlines, proving why termination is in the child's best interests, and state involvement in the termination process.
Minnesota USLegal Guide to How to Relinquish Custody
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US-GDE-13
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FAQ
If the county attorney files a petition to Terminate your Parental Rights, you have 2 choices. You can admit or agree with the termination of your parental rights. This is also called a voluntary termination. You waive your right to a trial.
The parental-benefit exception applies when the juvenile court "finds a compelling reason for determining that termination of parental rights would be detrimental to the child" when the "parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship." ...
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.
If you do not participate in the services set forth in your reunification plan, the court can terminate your services. If your services are terminated that means that the goal for your case has changed from getting you back together with your child to finding a permanent home (that is not with you) for your child.
Specifically, abandonment will be presumed where the parent has had no contact with the child on a regular basis and has not demonstrated a consistent interest in the child's well-being for six months.
It's worth noting that Minnesota courts don't allow voluntary termination solely on the basis of no longer wanting to care for a child or pay child support. While a parent may lose custody of their child, they may still be responsible for paying child support to the custodial parent or legal guardian.
Under Minnesota law, depriving another person of custodial or parental rights is considered a felony.
In Minnesota, parental rights may be terminated either voluntarily or involuntarily. A voluntary termination occurs when a parent agrees to terminate their own rights. Parents may agree to voluntarily terminate their rights if it is in the best interests of the child and there is good cause to do so.