Providing Permanency For Children In Minnesota
Every child needs the unconditional love and sense of belonging that come with a permanent family. Without this sense of permanency, children can often experience an uncertainty about who will care for them in the future and doubts about whom they can depend upon to meet their needs. Foster children who cannot safely return to their biological parents will find permanency through adoption or a transfer of permanent legal custody.
Experienced Child Protection Attorney
At GROSHEK LAW PA in Minneapolis, founding attorney Christa Groshek advises and represents parents, children and foster parents during the permanency process. It is essential that your family rights are protected and that each step of the process is completed correctly.
Ms. Groshek has experience working throughout Minnesota and understands these procedures and requirements for permanency. She and her team will fight hard for you and your family.
To speak with a Minneapolis child protection lawyer, call 612-426-7047 or contact us online to schedule an initial consultation with an attorney.
Terminations And Transfers Of Parental Rights
There are several paths to permanency with two basic outcomes: adoption and the transfer of permanent legal custody. These two dispositions have significant differences. While both dispositions provide permanent caregivers with many of the same rights as biological parents, adoption provides the child with all of the legal benefits of a child who is born into that family. For a transfer of permanent legal custody, the legal relationship will end when the child turns 18 and is considered an adult.
For a child to be adopted, the birth parents’ parental rights must be terminated. With a transfer of permanent custody, the termination of parental rights does not have to occur. The parent retains a right to reasonable visitation. We can guide you through this process.
There are also significant differences between a voluntary termination of parental visits and an involuntary termination. GROSHEK LAW PA also represents parents who for various reasons are seeking to terminate a relationship with a child. We bring voluntary termination of parental rights petitions.
Frequently Asked Questions About Permanency
Below are answers to common questions about permanent custody transfers and parental rights in Minnesota. Understanding these legal processes is essential for families navigating permanency options.
What is the difference between a transfer of permanent legal custody and termination of parental rights?
A transfer of permanent legal custody allows foster parents or relatives to become the child’s legal guardian while preserving some of the birth parents’ rights, such as visitation. In contrast, termination of parental rights completely severs the legal relationship between birth parents and child, making the child legally free for adoption. This termination can be voluntary or involuntary, depending on the circumstances and best interests of the child.
How can foster parents initiate the process of obtaining permanent custody of a child in their care?
Foster parents seeking permanent custody should first consult with an attorney experienced in foster care and adoption law. The process typically begins by filing a petition with the juvenile court, demonstrating the foster parents’ commitment to the child’s well-being and their ability to provide a stable, permanent home. Your attorney will help gather the necessary documentation and represent your interests throughout the legal proceedings.
What are the legal implications of a transfer of permanent legal and physical custody in Minnesota?
When permanent legal and physical custody is transferred, the custodians gain the authority to make major decisions about the child’s education, health care and daily life. They become responsible for providing the child’s primary residence and meeting their physical and emotional needs. However, unlike adoption, this arrangement terminates when the child turns 18.
Can birth parents retain any rights after a transfer of permanent custody to foster parents?
Yes, birth parents can retain certain rights after a transfer of permanent custody, including reasonable visitation rights and the right to be informed about major decisions affecting their child’s life. However, the extent of these rights will be determined by the court based on the child’s best interests and the specific circumstances of the case.
How does the process of transferring permanent custody differ from adoption in Minnesota?
The primary distinction lies in the legal relationship created. Adoption establishes a new legal parent-child relationship that continues throughout life, while a transfer of custody creates a guardianship that ends at age 18. Adoption requires termination of parental rights, whereas a custody transfer allows birth parents to maintain some legal connection to their child.
We Can Answer Your Questions
An experienced lawyer can answer your questions and advise you on the advantages and disadvantages of the options for permanency. We will guide you through the process and help you make the right choices for you and your family. To learn more, contact GROSHEK LAW PA for a consultation by calling 612-426-7047 or by sending us an email.