Legal Question in Family Law in Minnesota
Rights of non-biological father
After a paternity test shows the alleged �dad� is not the father of a young child, what rights could he still possibly have over a 5 year old?
Currently court has not been involved in any aspect.
If he wanted to still be a part of the child�s life, would the court allow it or will full legal/physical custody be turned over to the mother?
Could the child�s last name be changed at that point when paternity tests shows that the �dad� is not the biological father?
1 Answer from Attorneys
Re: Rights of non-biological father
The "dad" who finds out that he is not the biological father can still petition for custody or visitation if he had already established a relationship with the child. Custody will be more difficult if the mother is able to care for the child, since the court will always give preference to a biological parent. Please contact me. I need further information in order to provide you with a more detailed answer to your questions.