Legal Question in Family Law in Minnesota
Child custody
My husband had a child before we got married. He was never married to his childs mother. He signed a recognition of parentage thinking he would have 50% legal rights to his daughter. We have her Wed and every other weekend. We want 50 % physical custody and no child support. Any suggestions on where to start? Do we need an attorney?
2 Answers from Attorneys
Re: Child custody
You must file an action to confirm paternity and to establish custody. Such determinations would be based on what a court believes is in the child's best interests. If a pattern has been established where he sees the child one night per week and on alternating weekends, that would likely be compelling evidence to the court regarding what schedule may work and, as a result, you will have to work to override that presesumpton.
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Re: Child custody
You should definitely consult an attorney. However the chances of getting 50% custody and no child support whatsoever seems pretty slim, but you really need to consult an attorney and see how your specific situation is likely to go.
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