Legal Question in Family Law in Minnesota
My girlfriend and I had a baby together but now are seperated. We never married and our relationship has taken a turn for the worse. I live in Minnesota , hennepin county, what are the legal ramifications with my position and my obligations, and how will this impact me financially as far as child support calculations? How should I protect myself financially and what do I need to be aware of ? Also, a paternity test has not been done yet. Thanks
1 Answer from Attorneys
First, you have no enforceable rights unti they are established by a court. If you are not adjudicated the father of the child, a paternity action must be commenced. If you are adjudicated the father by signing a recognition of parentage or by court order, you must file an action to determine custody and parenting time.
If no custody order has previously been entered, Courts make custody determinations based on what the court believes is in the child's best interests. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective.
Child support is determined based on each parent's income and their respective time with the child. It also considers whether they have any non-joint children and/or other child support obligations.
I have over 21 years of family law experience in such matters. For legal representation call 612.240.8005. ou should consult with legal counsel.