Legal Question in Family Law in Minnesota

Paternity

When a child is born to unmarried parents, does the mother automatically have full custody? What does the father have to do to get or share custody?


Asked on 8/21/08, 3:13 pm

2 Answers from Attorneys

Dennis Felix Felix Law Office, P. A.

Re: Paternity

In Minnesota, the mother has sole legal and sole physical custody. For the father to have any such rights, he has to be adjudicated the father either by a Petition/Complaint, or by having acknowledged paternity in the sworn acknowledgment. In addition he would have to make a motion to obtain custody and even any parenting time. Dennis

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Answered on 8/21/08, 4:59 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Paternity

The mother is the default custoodian of the child. A father has no enforceable rights until he adjudicates them in court as part of a court order. That means the father must file an action to determine custody if he has signed a Recognition of Parentage or a Petition to Determine Paternity if he has not.

For a consultation call 612.240.8005

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Answered on 8/21/08, 6:32 pm


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