Legal Question in Family Law in Minnesota

Re: fathers rights

Legal custody means that the parent can make decisions regarding the child's welfare. This includes decisions on what school the child attends, activities the child is involved in, etc. Many times this is shared jointly between parents. If the two of you are sharing these responsibilities now, you are in essence doing what joint legal custody would require.

If you are separated and contemplating divorce, you will be required to enter into a parenting plan as part of the divorce procedure. Custody will also be determined during that process. At that time the courts will determine who gets physical or legal custody of the child (or if it is shared).

Re: fathers rights

I am afraid that your spouse may be correct.

If the child was nborn prior to your marriage and if you did not sign a Recognition of Parentage at the hospital when the chidl was born, you may nbot be recognized as the adjudicated father of teh child. Although that paternity would be presumed because your name is on the birth certificat and because you have held the child out as your own, it would bestow no legal rights.

If you signed the recognition of Parentage, you would be the adjudicated father. However, your spouse, the mother, would still have superior rights until a custody proceeding determined custody rights.

Your bestbet is to file for legal separation or divorce and, as part of that proceeeding, seek to formalize the adjudication and to be awarded physical custdoy.

For a consultation call 952.746.2153 or visit http://www.divorceprofessionals.com