How Do You Terminate a Minnesota Delegation of Parental Rights?

This is a follow-up to a popular blog post that instructed folks how to fill out and complete a Minnesota Delegation of Parental Rights per Minn. Stat. Sec. 524.5-211

Children on PicnicSigning a delegation of parental rights does not — I repeat does not– convey any custodial rights on the party that you are delegating your rights to for your children or child.

Think of a delegation this way- someone, who you pick and name, is going to act as an “additional parent” to your children or child while you are unable to do so for whatever reason.  Your parental rights are not diminished or removed or lessened by completing this delegation.

A delegation is only valid for one year under the Minn. Stat. Section 524.5-211.  No interlineations by the parties to the delegation that exceed the statutory limit of one year will be valid.

How Do You Terminate the Delegation?

No fancy paperwork is necessary and no court order is necessary.  The delegating parent can simply draft up a letter similar to the following:

NOTICE OF TERMINATION OF DELEGATION OF PARENTAL RIGHTS UNDER MINN. STAT. SEC. 524.5-211

Date:  January 7, 2016 ( Enter the date that you are completing this document.)

This is Notice to Minnie Mouse, 1234 Mouse Drive, Mouse World, MN 55555 ( Enter the full name and address of the person to whom you delegated  as that name appears in the delegation.) that the Delegation of Parental Rights signed by me on ______________ ( Enter the date and year that you signed the delegation here.) is hereby terminated and withdrawn effective immediately.  A photocopy of this termination shall have the same force and effect as the original.

Dated:  _______________, 20__

__________________________

Signature

Subscribed to and sworn to before me on this ___ day of ____ 20___.

_____________________

Notary Public

State of MN

My Commission Expires on: _________, 20____”

  • A notarized signature is not really necessary or required, but a notarized signature sends the message to the other party that this is an important termination.
  • You need to wait to complete this termination or for the other party to receive it before you retrieve your children or child. Don’t forget that you didn’t give your rights away.  You have every right to retrieve your kids.
  • Mail a true and correct copy of the document to the person holding the delegation using his or her  correct mailing address or hand-deliver it if you wish.   You need not mail it certified. The law assumes receipt if a letter is properly addressed, has postage and is mailed.   Keep the original for yourself.  Go pick up your children or child if you have not already done so.

If you like this post, I would love it if you would hit the “subscribe” button so that I may continue to share a variety of family law topics with you.  Please do share this post via the share buttons at the bottom of the page. Thanks for reading.

Kate Willmore, Saint Cloud, Minnesota, Divorce, Father’s Rights, Mother’s Rights, Family Lawyer, Family Court Lawyer and Mediation Coach

Call me at (320) 492-3606 or e-mail me via   www.katewillmorelaw.com

Copyright 2016

 

 

 

About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

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