Legal Question in Family Law in Minnesota

Re: Child with married woman

I had a case like this a few years ago. I was representing the guy and after he got custody of his two sons, but before the divorce was final, the "boyfriend" came out of the woodwork and started a paternity action, claiming to be the father of one of the sons.

I am assuming that this woman would not just voluntarily put you on the birth certificate and let you sign an affidavit of paternity. Even if she would agree to it, I'm not sure with a married woman whether the affidavit of paternity would control. I'd have to research that one.

Most likely if you want parental rights you have to start a paternity action and get a court order. Otherwise the presumption you referred to will control.

And you have to act quickly. There is a fairly short statute of limitations for a paternity action.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of the attorney of your choice concerning the details of your case.

Re: Child with married woman

You would need to start a paternity action and then ask the court for blood testing to make sure it is your kid. If it is, you can either pursue your rights as a father or ask the mother's husband if he wants to adopt the child so that your rights can be terminated. Absent him adopting, however, it is doubtful that the court will allow you to walk away from the child if it is your's.