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Understanding Fathers’ Rights for Child Custody in Minnesota
It has been clearly established that children fare the best when they have fulfilling relationships with both parents. And present fathers play an important role in the overall well-being of their children. But it’s not always easy for fathers to maintain those relationships after a divorce or breakup. It’s important for fathers to understand what parental rights they have or how to establish them to ensure they can continue to be an active part of their children’s lives.
What Rights Do Fathers Have in Minnesota?
Fathers who have been named as — or presumed — legal parents have the same rights as mothers. This includes the right to have input in naming your child, the right to determine living arrangements for the child, the right to have parenting time with the child, and the right to make decisions about how the child is raised. If you were married to the child’s mother at the time of the birth or have already been declared the legal parent, you already have these rights. However, unmarried fathers generally must establish paternity so that they can be declared a legal parent and exercise their parental rights.
What Factors Are Considered When Determining Child Custody?
When determining whether the parents should share custody or one parent should be granted sole custody — and which one — the judge looks at what is in the best interests of the child. This is a broad term that includes:
- The child’s needs, which includes those in the physical, spiritual, cultural, emotional, and developmental categories
- Any special needs of the child, such as medical needs or disabilities
- The child’s preference, depending on their age and maturity
- Whether there is a history of domestic abuse or concerns about the child’s safety or well-being
- Whether the parents have any physical or mental health issues that could create a safety concern for the child
- How much each parent has participated in the child’s care up to this point
- Whether the parents are willing and able to meet the child’s needs and foster a relationship with the other parent
- How the decision will affect other aspects of the child’s life, such as school and community ties or their relationship with their siblings
Clearly, determining child custody is a multifaceted decision that requires the judge to look carefully at many influencing factors. For fathers who are fighting for custody or to remain an active participant in their children’s lives, providing evidence on how they can support these factors can help their cases.
Does Minnesota Have a Presumption of Custody?
In Minnesota, there is a rebuttable presumption that the parents sharing joint legal custody is in the best interests of the child as long as at least one parent has requested it. A rebuttable presumption means that the courts automatically presume something is true until proven otherwise, and it doesn’t mean that joint custody is guaranteed. It simply means that if one parent requests joint legal custody, the other parent will need to have clear and compelling evidence for why joint legal custody should not be granted.
However, there is one major exception to this. In cases where the parents have had issues with domestic abuse, the rebuttable presumption is that joint legal custody is not in the best interests of the child. In this case, a parent wanting joint legal custody would need to show evidence to persuade the judge that joint custody is better for the child.
How Do I Establish Paternity?
There are three ways to establish paternity in Minnesota. The first is to be married to the mother at the time of the child’s birth. When the child is born during a marriage, the mother’s spouse is presumed to be the legal parent of the child. They are also listed on the child’s birth certificate. If the mother’s spouse is not the biological parent and does not want to be presumed as the legal parent, the biological father of the child and the mother have to sign paperwork so that the biological father can be the legal parent.
The second way to establish paternity in Minnesota is to sign a Recognition of Parentage form and have it filed with the Department of Health. This is done when the parents aren’t married and establishes the father as a legal parent with parental rights. The last avenue to establish paternity is to simply ask the court to establish an order naming the legal parent.
What Can I Do If I’m Being Denied Access to My Children?
Not being able to see and be around your children is a devastating feeling, but it’s important to understand that you have legal options. If you are being denied access to your children, you should contact a Minnesota family law attorney as soon as possible. They can work with you to develop a plan to petition the courts for court-ordered parenting time — or even legal custody — and can provide legal counsel on how you should be handling the situation while waiting.
In general, it’s important to continue to show an active interest in your children’s lives and attempt to continue to see them. This can include things like calling to speak to them on the phone and attending sports games or extracurricular activities. Keep documentation of all of these attempts so that you have records to show the judge.
At The Legal Dad, we know how important it is for fathers to be in their children’s lives, and we represent clients in Minneapolis and the surrounding area who need help navigating challenging custody battles. Call our office at 612-712-3405 to schedule a free consultation.
