This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
IN COURT OF APPEALS
In the Matter of the Welfare of the Child of: J. D. B., Parent.
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,
Considered and decided by Peterson, Presiding Judge; Halbrooks, Judge; and Wright, Judge.
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 (
“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.