Legal Question in Family Law in Minnesota

Re: Single mother's rights

I just took a look at the statute which seems to govern this, and what I see it saying is that first of all, if there is a paternity action, the court may declare the child's name. In the absense of a court order, all it says is that upon the request of both parents, the father's surname shall be used as the child's surname. This seems by implication to be saying that the surname is the mother's surname unless both parents request otherwise. I conclude that the child's name is up to you unless you have a judge involved at the time you are namning the child.

As far as visitation goes, the father has little to say about it unless he is asking for a court order. How much visitation he gets in the absence of a court order is up to you. When the child is very small and the mother is nursing, the father may start out with visits equal to the nusing interval - just a few hours. Over time this will tend to expand - but without a court order, you don't have to allow anything you are not comfortable with.

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