Legal Question in Family Law in Minnesota

Thank you for your question. In providing a response to your question I must make a few assumptions. First, I assume your son signed a recognition of parentage at the time their child was born, or soon thereafter. Second, I am presuming that there is no order for custody or parenting time, since that would obviously determine their respective rights for the time being.

In the absence of any court order, the law presumes the mother has "sole" legal and physical custody. The father is not automatically entitled to any parenting time -- in the absence of a court order. This is not to say that the father does not have any rights, but that his "rights" are undetermined at this time. This is true even if he has been ordered to pay child support, since a support order typically makes no provision for custody or parenting time.

If the court has not entered a custody/parenting time order, your son would be well advised to proceed to court. Although the child is only one year old, the father still has the right to parenting time, and depending on the facts, should probably be entitled to joint physical custody. Finallly, you should be aware that the law does not give a mother superior rights to a child merely because the child is under a certain age. (In the past this was often called the "tender years" doctrine, and it presumed that children under a certain age should always be in the custody of the mother.) There is no such law in Minnesota. Instead, the court is concerned about the ability of each party to provide for the best interests of the child, no matter what the age of the child. Most judges will readily agree that (absent terrible facts), it is in the best interests of the child to establish a strong relationship with the father at an early age, and that this requires the child to have an opportunity to spend reasonable time with the father.

Cases such as this can often be somewhat complicated, particularly if both of the parents are young, and they have a difficult, strained relationship. You or your son should consult with an attorney about this matter before too much time passes, particularly if the father is experiencing difficulty with parenting time. Moreover, you should be aware that the amount of child support may be affected by the parenting schedule. Feel free to contact my office if you have questions or concerns or need assistance in this matter. Good luck.