Legal Question in Family Law in Minnesota
legal custody
my son and his girlfriend are living together and have a 6mo old baby, the baby has his last name and his name on the b.certificate, he has been supporting them completely as the girlfriend doesn't work, both are wonderful parents,our question is who has legal custody? because they aren't married we have been told the mother has legal custody and the dad has no rights? if they were to ever separate would the mom automatically get custody?
2 Answers from Attorneys
Re: legal custody
Unless and until he confirms his paternity in Court and establishes that he has joint custody, the mother remains the defauilt custodian both for legal custody and physical custody.
Re: legal custody
Generally you are correct. However, I have prepared written agreements for couples to sign which will protect both sides in the event they choose not to get married and eventually break up. Please feel free to call if you want to discuss this in further detail 952-746-4111.