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How Does Minnesota Law Regard Child Custody for Unmarried Parents?
If you are a man who believes he is the father of a child, you must understand your legal rights and the presumption of those rights.
The legal term paternity refers to the lawful relationship between a father and his child. Paternity must be determined via the Minnesota legal system.
For married couples, when a child is born during the marriage, it is automatically presumed that the child’s parents are the husband and wife. Under the law, children born during marriage have a presumed legal father.
When a child is born outside of a marriage, that child does not have a legally presumed father. Only the mother is automatically granted parental rights, including sole legal and physical custody. This shall remain so until a court order is established stating otherwise.
Unmarried fathers have to take steps to establish themselves as the legal father of a child before they have any right to ask for visitation or parenting time. Even in cases where the mother and the presumed father get along and agree on parenting time, it is recommended that the father clearly establish his parental rights through the Minnesota court system. Without a court order granting the father visitation rights, the custodial parent could abruptly end parenting time or disallow the man from seeing his children.
What Rights Do Men Have Before Paternity is Established?
The answer to this question is, unfortunately, very few. Men do not have any legal parental rights to visitation or child custody until paternity is established and pursued in the court system.
Again, it is possible that the mother, who has sole custody of the child, could allow a man to play a role in her child’s life without paternity having been established. However, she can end this relationship at any time without established paternity.
Fathers must seek professional legal counsel from experienced family law attorneys when pursuing paternity and parental rights. Contact our law firm to discuss your case with our compassionate legal team today.
What if the Man’s Name is on the Child’s Birth Certificate?
Even if the man’s name is on the child’s birth certificate and he is listed as the father, he may still not be legally presumed to be the father. A birth certificate is not considered legal proof of paternity in a court case. A presumed father seeking to establish parenting time and custody rights must acquire a certified Recognition of Parentage (ROP) or a certified paternity order from a family law court.
How to Establish Paternity?
In Minnesota, paternity can be established in one of two ways.
A sworn legal document signed by both parents claiming that the identified man is the father of the child could be used to recognize parentage. This document may be signed at any time, provided the mother is not currently married to another individual and that both mother and father are at least 18 years of age. The Recognition of Parentage form is voluntary. Either the mother or father can revoke the ROP within 60 days.
Alternatively, DNA tests could be performed to prove paternity scientifically. In some cases, genetic testing may require a court order. A DNA test is considered the most surefire way to establish paternity when more than one man is claiming to be the father of a child.
What is Court-Ordered Paternity?
In some cases, Minnesota law entrusts judges with the authority to decide who the legal father of a child is. This may be accomplished by ordering genetic testing of every individual involved in the case. After paternity has been determined, the family law judge may order the father to provide child support, sometimes including retroactive child support.
A paternity action is a court order that may be used to establish paternity if the parties cannot agree on who the biological father of the children is. Either the mother or the father may initiate the paternity case. Courts may require DNA testing to prove paternity.
To initiate a paternity case, you and your lawyer must submit the appropriate paperwork to the district court where the child resides. After paternity has been determined, the courts may also make decisions regarding child custody, parenting time, and child support.
If you wish to pursue court-ordered paternity by beginning a paternity case, please contact our law office to schedule a free case review today.
How Does Establishing Paternity Affect Father’s Rights and Custody Proceedings?
Once a man has been legally proven to be a child’s father, he obtains several parental rights, benefits, and obligations. As a legal father, he can now request custody rights and visitation time, whereas previously, he could not.
To learn more about the many benefits and new responsibilities of legal fatherhood, please contact our law firm for assistance.
What Are a Father’s Rights to Child Custody and Visitation?
Once paternity has been established, courts may move to order child custody arrangements for the parents. In all child custody cases, Minnesota family court judges render their decisions based on what they believe to be in the child’s best interest. In such cases, family law judges will consider several different factors to help guide their decision-making, including:
- A bond shared between the child and his or her parents
- A history of domestic violence or abuse
- Child’s educational pursuits
- Cultural factors
- History of alcohol or drug abuse
- The child’s special needs
- The mental and physical health of all parties involved
- The parenting and co-parenting skills of both parents
- The safety and well-being of the child
Is Child Support Necessary After Legal Parentage Has Been Established?
In custody cases where one parent receives the primary or sole custody of the child, it is likely that child support will also be ordered in the case. Child support is a financial obligation for the non-custodial parent to help provide financial support to the custodial parent to help cover the expenses of raising and nurturing the child. Child support payments are meant to help provide housing, clothing, education, medical care, food, and other basic necessities for the child. Once Paternity has been established, the newly established father may be responsible for providing child support payments.
Schedule a Free Consultation with an Experienced and Compassionate Lawyer Today
The Legal Dad is a law firm dedicated to helping fathers with complex family law issues reach the optimal conclusion for their cases. If you have a reason to believe that you are the father of a child but you have not been provided the proper parental rights, it may be time to establish paternity. Our legal staff would be happy to help. We have years of experience helping clients with complicated paternity cases, and we will be proud to represent your legal rights.
To schedule your free initial consultation with our compassionate and empathetic legal team, please contact our law firm at 612-712-3405.
