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Establishing Parentage Is Critical to Protecting Your Parental Rights
Dads play an important role in raising and caring for their children, but around 25 percent of children in Minnesota are living without a father. Many of these situations are due to the relationship between the parents ending, and if the parents aren’t married, it can be difficult for fathers to see their children on a regular basis without legal intervention. Understanding when you need to establish paternity — and how to do so legally — is the first step to ensuring you have access to your children and can maintain an active, loving relationship with them.
Do Unmarried Fathers Need to Establish Paternity?
If you are not married to the mother of your child when they are born, you do not have any parental rights until paternity — also referred to as parentage — is established. Without parental rights, you do not have any legal right to visit with, call, or care for the children. The mother can provide access to the children, but she is not required to do so.
If your relationship is on good terms when the child is born, it’s tempting to forego establishing parentage because there is no issue with seeing the child or being part of their life at that point. However, it’s common for these relationships to sour as time goes on, and unfortunately, children often get caught up in the middle. It’s important to understand that without legal parentage established, the child’s mother can refuse to allow you to see or communicate with the child at any point.
How to Establish Parentage for Unmarried Fathers
In Minnesota, there are two options for establishing parentage if the parents aren’t married at the time of the child’s birth. The first is by signing a Voluntary Recognition of Parentage. This must be done after the child is born, and both parents are required to sign. This document must also be notarized. Keep in mind that the Voluntary Recognition of Parentage is separate from the birth certificate. Being named as the father on the child’s birth certificate is not enough to establish parentage and cannot be used for child custody or child support purposes.
Fathers can also establish paternity through a court order. This generally requires a paternity test. If the mother refuses to allow the child to take a paternity test, the courts will require it with an order to ensure that the father has the opportunity to establish parentage. This can be a surprisingly difficult and lengthy process if the other party isn’t willing to cooperate, but working with a family law attorney can make it easier.
Why Is Establishing Parentage Important?
While it does take time, energy, and money, establishing parentage is critical if you’re an unmarried father. It ensures you have certain parental rights and is the first step in getting a custody and parenting time order to ensure you are able to see your child. It also allows you to maintain an emotional relationship with your child. Parenting is hard work, and it requires you to be present for the major milestones and the everyday memories that happen. While coparenting does mean that you likely won’t see your child every day, securing your parental rights and getting a parenting time schedule can ensure that you have regular one-on-one time with your child where you can develop and strengthen your bonds.
If there are any other issues or conflicts later on, having your parental rights already established makes it easier to address these. You can go through the court system to change a parenting time order, ask for more time with your children, change custody, or enforce your scheduled time with the children.
What to Do If the Mother Won’t Cooperate
In a best-case scenario, the other parent recognizes the child’s need to have the father in their lives and facilitates that relationship through positive, cooperative coparenting. However, many Minnesota fathers find this isn’t their reality. If you’re dealing with another parent who is refusing to communicate or is actively sabotaging your relationship with your child, you need legal help. In some cases, high-conflict parents even refuse to respond to court filings or abide by court orders. A family law attorney can help you understand what to do in these situations, which can include asking the courts to find the other parent in contempt.
The Benefits of Legal Representation for Unmarried Fathers
Getting parental rights established can be an uphill battle for an unmarried father if the mother isn’t cooperating. It can take multiple court filings and sometimes even a judge threatening contempt to get the other parent to comply. Having a family law attorney who works with fathers’ rights cases in Minnesota ensures that you have legal representation that understands what’s at stake and how important it is for you to be able to secure and exercise your parental rights.
When you hire an attorney, they can handle the court filings, compile and present evidence, and argue your case for you. They can also communicate directly with the other parent or their attorney so you can avoid unproductive back-and-forth and focus on what matters most: your children.
If you are an unmarried father who is trying to establish parental rights in Minnesota, The Legal Dad can help. Our team understands what a difficult process this can be, and we focus on providing empathetic counsel and real legal solutions so you can be a part of your children’s lives. Call our office in Minneapolis at 612-712-3405 to learn more.
