Search Site
Menu
Termination of Parental Rights

Washington County Family Law Attorneys Explain Termination of Parental Rights

Helping clients deal with parental-rights termination proceedings in Washington County, Dakota County, Burnsville, Stillwater and Woodbury, MN

Parental rights can be terminated voluntarily, as is common in adoption cases, or involuntarily, for various reasons. At Appelhof, Pfeifer & Hart, P.A., we are dedicated to ensuring your interests are protected, whether you are pursuing termination or defending against an involuntary termination action.

When can parental rights be terminated involuntarily?

Under Minnesota law, the responsible social services agency must ask the county attorney to immediately file a termination of parental rights petition when:

  • The child has been subjected to egregious harm
  • The child is the sibling of a child who was subjected to egregious harm
  • The child is an abandoned infant
  • The child’s parent has lost parental rights to another child through an order involuntarily terminating the parent’s rights
  • The parent has committed sexual abuse against the child or another child of the parent
  • The parent has committed an offense that requires registration as a sexual predator
  • Another child of the parent is the subject of an order involuntarily transferring permanent legal and physical custody of the child to a relative

Even if one or more of those criteria are met, the county attorney can forgo filing a termination petition in two circumstances. Those are situations in which the county attorney and the responsible social services agency do one of the following:

  • File a petition for transfer of permanent custody to a relative of the child
  • File a case plan documenting why filing a termination of parental rights petition would not be in the best interests of the child

A parent’s rights could be terminated if they have been ordered to pay child support and they refuse to do so. An unmarried father who has not established paternity either by admitting being the child’s father, or through a paternity test, and who has abandoned the child can be found to be unfit by the courts and have their parental rights terminated.

Terminating parental rights for adoption purposes

Before children are legally free to be adopted, their birth parents’ rights must be terminated. This can be done voluntarily or involuntarily. Under Minnesota law, the grounds for termination of parental rights are:

  • The parent voluntarily gives written consent to termination of his or her parental rights
  • The parent has abandoned the child
  • The parent has substantially, continuously or repeatedly refused or neglected to fulfill the duties of a parent, including failing to provide food, clothing, shelter, education and other necessary care
  • The parent has been ordered to contribute to the financial support of the child and has continuously failed to do so without good cause
  • The parent is unfit to be a parent, based on a consistent pattern of specific conduct
  • The parent has failed to correct the conditions that led to the child being placed in foster care (often a failure to participate in a drug treatment program.)
  • The child has chronically suffered egregious harm while in the parent’s care
  • The child is neglected and in foster care
  • The parent has been convicted of certain serious crimes of domestic violence

After the birth parents’ parental rights have been terminated, a child generally becomes available for adoption.

Contact our Oakdale family law firm about termination of parental rights

Appelhof, Pfeifer & Hart, P.A. delivers personalized legal services for families and individuals throughout Minnesota, including in Washington County, Dakota County, Burnsville, Eagan and Woodbury, MN. Call us today at 651-379-3024 or contact us online to arrange an appointment. There is no charge for initial consultations, and flexible scheduling is available.

Our Attorneys
Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

AWARDS & RECOGNITION


superlawyers
Contact us

Quick Contact Form