It is not always easy to manage parental responsibilities following a divorce or separation. You may try your best to create a loving and stable environment for your child, but a parent with long stretches of absences or inconsistent appearances can make co-parenting feel stressful for you and your child.
You may wonder if there is a legal standard in Minnesota that establishes a parental absence as grounds for losing parental rights. While these are complicated matters you should never navigate without the help of a child custody attorney, there is a timeframe where abandonment can lead to a loss of parental rights.
Can a Parent Lose Their Parental Rights in Minnesota?
Minnesota courts recognize the value in allowing a child to establish and maintain a loving bond with each of their parents. Joint custody and visitation arrangements are shared, allowing each parent to love, support, and care for their child. However, there are circumstances where allowing one parent to see or interact with their child is not in the child’s best interests. When neglect or abandonment are at play or the safety and stability of a child is in jeopardy, the court can intervene, taking extreme measures and terminating parental rights.
Termination of parental rights can be a complex and challenging legal process, as it involves severing the legal rights of a parent and ending the parent-child relationship. After that, the parent no longer has any rights or responsibilities. They are absolved of financial responsibility for the child. They also lose all rights to custody, visitation, and decision-making. It is often seen as an extreme step and is reserved for instances of severe abuse, neglect, or abandonment.
How Long Must a Parent Be Absent Before Losing Parental Rights in Minnesota?
Abandonment is one of the conditions that can lead to the loss of parental rights in Minnesota. Minnesota defines abandonment as the failure to maintain regular contact with a child or show no interest in their well-being for six consecutive months. Additionally, the parent must have abandoned the child without good reason.
Abandonment may also occur when a child is under two years of age and has been deserted by the parent, and the circumstances indicate that the parent does not intend to return to care for the child.
The court will not take the dramatic step of terminating parental rights without solid evidence of abandonment. Evidence that can help substantiate the claim that a parent has been absent from a child’s life can include:
- Electronic communication records showing a lack of contact or effort
- Documentation of missed visitation
- Witness testimony
- Expert testimony from a therapist or social worker
- Previous documentation or records showing a history of abuse, neglect, or abandonment
To terminate parental rights because of abandonment, an individual must file a formal lawsuit and petition the court. Before that step, you must gather as much information and evidence as possible that shows that the parent was not there for the child physically, emotionally, or financially for six months or more.
Contact a Minnesota Child Custody Lawyer Now
A parent must be absent for at least six months before a court will consider terminating their parental rights. However, the process of terminating parental rights can be stressful and confusing without the help of an experienced Minnesota child custody lawyer to guide you through the legal ins and outs.
At Terzich & Ort, LLP, our compassionate attorneys are here to support you through this challenging time. Contact our law firm today for more information and to arrange an initial consultation.
