Legal Question in Family Law in Minnesota

Never Married to the Childrens Father

I would like to know what rights my childrens father has re: custody. There is an OFP order on him for my children and myself. One child he hasn't seen in 6 months. The other, he has never seen. He has abondoned us many times in the past, we are now on welfare because he does not support his children at all. I have a house and taken care of everyday life of these children. Can I nullify his rights? If custody is granted,how long can it be supervised? He just gor married again, does that hurt his chances for custody?


Asked on 10/09/99, 12:13 am

1 Answer from Attorneys

Re: Never Married to the Childrens Father

Your question is confusing. DO you mean that he is seeking custody OR vistation rights. First, if he has been an absentee parent for a significant period of time, the court may determine that it is in the "best interests" of the child that he have supervised vistation. Though the court may sometimes terminate parental rights, it takes quite a bit for that to occur. That is particularly true in your case. If you are receiving public assistance benefits, the County will seek repayment from the father. THey will not allow termination of his parental rights unless someone else is willing to adopt and become financially responsible. The fact that he is remarried does not affect custody or visitation unless it can be shown that the new aduolt (step mother) in the child's life presents a danger to the child. Foar additional information please visit our website at http://divorceprofessionals.com.

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Answered on 10/11/99, 5:30 pm


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