Minnesota Court Case: Children of Vasquez

In the Matter of the Children of Aeropajito Castro Vasquez. 

C3-02-1684 

COURT OF APPEALS OF MINNESOTA 

658 N.W.2d 249
April 1, 2003, Filed 

Ramsey County District Court. File No. J702551532. 

DISPOSITION:
Affirmed. 

COUNSEL:
Robert J. Lawton, St. Paul, MN (for appellant Aeropajito Castro Vasquez).

Susan Gaertner, Ramsey County Attorney, Heather McCleery, Assistant Ramsey County Attorney, St. Paul, MN and

Margaret L. Gustafson, Baker Court, Raymond Avenue, St. Paul, MN (for respondent Ramsey County Community Human Services Department).

David Oslund, Minneapolis, MN (for A.C.C., A.U.C., J.S.C., and C.I.C.).

Paul Bergstrom, St. Paul, MN (for guardian ad litem). 

JUDGES:
Considered and decided by Shumaker, Presiding Judge, Randall, Judge, and Wright, Judge. 

OPINION:

GORDON W. SHUMAKER, Judge

This is an appeal from an order for the termination of a father's parental rights to four children. Sufficient evidence supports the district court's findings that (1) a case plan for the father would have been futile and therefore unreasonable; (2) the father has abandoned his children; (3) the father has failed to comply with his parental duties; (4) the father is palpably unfit to be a parent; (5) the father is not the adjudicated father of two of the children; and (6) all four of the children are neglected and in foster care. Because the district court's findings are not erroneous and provide sufficient reasons to terminate the father's parental rights, we affirm.

FACTS
In July 2000, appellant Aeropajito Vasquez fatally shot his wife. Appellant had a lengthy history of domestic abuse and had threatened to kill his wife on numerous occasions. He was eventually convicted of second-degree murder and is currently incarcerated at Stillwater prison. Appellant will not be eligible for release until 2023, by which time the children will be adults.

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