While Minnesota doesn’t recognize parental rights as fundamental rights, parents generally have the freedom to have and raise their children according to their own personal beliefs and values. However, if a parent causes their child’s welfare or life to be at stake, the state will intervene and in certain circumstances, terminate their parental rights.

The termination of parental rights can be either voluntary or involuntary depending on the situation.

Also known as severance, voluntary termination happens when a parent or parents choose to voluntarily terminate their parental rights. There are several reasons that may prompt a parent to give up their parental rights, including:

Voluntary termination of parental rights is often a difficult and heart-wrenching decision a parent makes when they realize they are unable to properly care for their child. It’s worth noting that Minnesota courts don’t allow voluntary termination solely on the basis of no longer wanting to care for a child or pay child support. While a parent may lose custody of their child, they may still be responsible for paying child support to the custodial parent or legal guardian.

As the name implies, involuntary termination of parental rights happens when a parent objects to losing their parental rights but does so anyway.

When a person’s parental rights are terminated, he or she can no longer make any decisions regarding the upbringing of their child.

In general, Minnesota recognizes the following circumstances as legal grounds for involuntary termination of parental rights:

At this point the child’s parents have no legal rights to them. The state must now place the child in the custody of a legal guardian who can provide them with a safe and nurturing environment. Typically, children who are taken away from their parents are placed with relatives, in foster care or adopted by a new family who takes on the responsibility of raising them in a loving and supportive home.

Ideally the state will be able to find the child’s close relatives, such as grandparents, uncles and aunts, cousins or adult siblings who can step in and raise the child. This is known as kinship care because the child typically has an existing relationship with the relative, meaning there’s a kinship bond between them. A kinship caregiver may be able to adopt a child some time down the road and become their legal parent.

Whether you’re trying to have your parental rights reinstated, wish for the other parent of your child to have their rights terminated or wish to become an emancipated minor , it’s important to work with a skilled, local family law attorney.

If you’re in the Minneapolis-St. Paul metro area and need legal representation, call the Minnesota Lawyer Referral and Information Service (MNLRIS) at (612) 752-6699. One of our referral counselors will be happy to connect you with an experienced marriage and family law attorney.

The post When Does the State Become the Legal Guardian of a Child? How Can a Family Member Go About Gaining Custody? first appeared on Minnesota Lawyer Referral and Information Service.