Legal Question in Family Law in Minnesota

My son is six years old now...his father has not seen him since he was one year old...does the father have rights

could get them.


Asked on 3/12/13, 7:42 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello.I will respond in generalities. In Minnesota, 'paternity' is the term used to describe the relationship of a man recognized under Minnesota law to be the father of a child. When a child is born within a marriage, the husband is presumed to be the father. When parents are not married, obviously one man is biologically the father of the child, but until someone initiates the steps to establish paternity, no man is considered to be the legal father of the child; no man has legal rights to the child nor the obligation to provide financial support (child support) to the child. Being on the child's birth certificate alone does not establish who the 'legal' father is. A man may become the 'legal' father through the Recognition of Parentage or by court Order. Since you expressed these concerns, I certainly recommend that you privately confer with an attorney with no delay. In my experience with unmarried mothers, each situation is unique, and the needs and desires and wishes of each mother differ. I suggest you telephone several attorneys in choosing one attorney to assist you, because you should feel quite comfortable with the attorney you choose to assist you. All the best.

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Answered on 3/13/13, 6:52 am


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