In the Matter of the Welfare of the Child of:Â J. D. B., Parent.
Annotate this CaseThis opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480 A. 08, subd. 3 (2004).
STATE OF MINNESOTA
IN COURT OF APPEALS
A05-522
In the Matter of the Welfare of the Child of: J. D. B., Parent.
Filed November 1, 2005
Affirmed
Wright, Judge
Washington County District Court
File No. J-82-19424Y
Gregory J. Schmidt, Gregory J. Schmidt Law Office, 510 Spruce Tree Center, 1600 University Avenue, St. Paul, MN 55104 (for appellant J. D. B.)
Douglas H. Johnson, Washington County Attorney, Janet A. Reiter, Assistant County Attorney, 14949 62nd Street North, Box 6, Stillwater, MN 55082 (for respondent Washington County)
Sandra Gunderson, Washington County Guardian ad Litem Program, 14949 62nd Street North, Box 6, Stillwater, MN 55082 (Guardian ad Litem)
Considered and decided by Peterson, Presiding Judge; Halbrooks, Judge; and Wright, Judge.
U N P U B L I S H E D O P I N I O N
WRIGHT, Judge
FACTS D E C I S I O N
J.D.B. argues that the district court clearly erred in finding that he abandoned H.L.C.-B. under Minn. Stat. § 260C.301, subd. 1(b)(1) (2004). Parental abandonment is presumed under law when, without a showing of good cause, "the parent has had no contact with the child on a regular basis and [has] not demonstrated consistent interest in the child's well-being for six months . . . ." Minn. Stat. § 260C.301, subd. 2(a)(1) (2004). Absent the presumption, abandonment may be found when a parent has deserted the child and intends to forsake the duties of parenthood. In re Welfare of the Children of R.W., 678 N.W.2d 49, 55 (Minn. 2004). Although it is unclear whether the district court found abandonment under the statutory presumption, our review of the record establishes substantial support for a finding of abandonment under either standard.
"The paramount consideration in all proceedings for the termination of parental rights is the best interests of the child." Minn. Stat. § 260C.001, subd. 3 (2004). Once statutory grounds for termination of parental rights have been proven, the district court may terminate parental rights only if it finds that the best interests of the child will be served by termination. Minn. Stat. § 260C.301, subd. 7. The district court did so here.
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