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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12750
Experience:  Licensed experienced Attorney
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I have a child custody question. I am raising my twin grandsons,

Resolved Question:

I have a child custody question. I am raising my twin grandsons, age 4 yrs. I have legal custody and wish to adopt the boys. My son has lost parental rights. The boys mother has not seen the boys in a year but is requesting a visit- she has no roof over her head and boys would not be safe with unsupervised visit. The visits with mother are per my discretion per court papers. My question is 'what criteria have to be met to terminate parental rights of the mother so I can adopt. Thank you, XXXXX XXXXX
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

Does the mother have any type of legal custody or visitation rights over the children?
Customer: replied 1 year ago.


I was granted permanent legal custody on Apr. 2012; any visits with the boys mother is 'at my discretion' per court order- she could see the boys on a supervised basis if I chose. I choose not to do so for the best interest of the boys, almost 5 yrs old. The mother has had no contact for a year although she has recently contacted the local law enforcement to request to see the boys.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Diana,

Thank you for your follow up.

In order to terminate mother's parental rights and for you to adopt your grandchildren, you would have to file a Petition with the court to terminate this mother's parental rights and the petition would have to be based on the mother being unfit to be a parent and/or abandonment of the minor children by the mother.

The mother cannot get assistance of law enforcement in order to obtain visitation, as it would be up to the court and current court order does not obligate you to offer any visitation to the mother.

This can be legally difficult to do and I would suggest that you do consult and retain an experienced child custody attorney to represent you in the termination of parental rights and adoption proceedings.

I wish you the best of luck and please let me know if you have any related follow up questions.
Customer: replied 1 year ago.


I am wondering what the criteria is that would prove her unfit to parent and enable me to adopt. She is 25 yrs, single, no home of her own, sleeps with whomever takes her in. She has a felony, has multiple mug shots on line, fired from Hardees last April for robbing the til, now hired at Subway in Sauk Centre. Pays $139.00 child support, removed from her paycheck. Would I have any chance of adopting or would an attempt at this time be a waste of money. I am 67 yrs old, widowed, work full time, 12 hr shifts as LPN and limited income with daycare for twins, etc. She does not call to inquire of the boys or visit with them, just the recent visit to the police to ask for a visit. The officer is aware of the situation and advised me of her request.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Diana,

Based on the limited facts that you have stated, it sounds that you might have a good chance of adopting your grandkids.

Below is the Minnesota statute that specifically outlines the criteria for a finding of an unfit parent:

https://www.revisor.mn.gov/statutes/?id=260C.301

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12750
Experience: Licensed experienced Attorney
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