Legal Question in Family Law in Minnesota
Termination of a father's rights
Five years ago I found out my ex husband was sexually abusing our daughter. I agreed to let him plead to a lesser charge in exchange for him terminating his parental rights to my children. When it came time for the case to be heard, I was informed that it could not be done, for as they told me, he was forced to agree to it. In 5 years, he has not seen my children, not paid a penny of their support, purchased them any items nor spoken to them. I have been their soul support. What rights do my children and I have? I want to change their last names to completely remove all evidence of him from our lives, but I can't even do that without asking him first, since he still has rights to them. It just doesn't seem fair, what can I do? Do we have rights?
1 Answer from Attorneys
Re: Termination of a father's rights
First, you should understand that while the prosecutor may have asked you your thoughts on sentencing, he or she didn’t need your permission for anything. So, you didn’t actually enter into an agreement with your husband. As for having him terminated, you need to bring a separate motion and have a hearing on the termination of parental rights. You need a lawyer to do this.