Legal Question in Family Law in Minnesota

My fiance just found out January 8th 2010 that his son is not his biological son. His ex girlfriend never told him that his 6 year old son was not his but she says she new since she was pregnant. There is a court order for visitation she now refuses to go by and she is alienating them from even phone conversations. My fiance also signed the right of parentage when the child was born. We have been told that we will no longer receive legal help for this matter till the bill is paid and a retainer put in place. Now she tells us she is having her fiance adopt him when the real biological father signs off. We were told that we could file the paperwork for third party custody but we are not attorneys and are afraid it would be done incorrectly. We were also told that she would have to file a motion to dissolve my fiance from this matter first before she could have another person step forward. What do we do?


Asked on 2/09/10, 1:40 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

I am not sure that I understand. However, if your fiance signed a recognition of parentage, he is adjudicted as the father of the child. She cannot terminate rights or allow an adoption without his consent or serving him with court papers. It is also past the timeline for disclaiming paternity which means, for all intents and purposes, your fiance is the legal father.

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Answered on 2/14/10, 1:58 pm


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