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?
2 Answers from Attorneys
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
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.
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