Legal Question in Family Law in Minnesota
My ex and i split up in Sept. 09, and since that time my ex continues to use our son as a tool to have control. Since we never married, but my name is on his birth certificate, I need to know if she can stop me from seeing my son. Can she have her daycare provider refuse my right to pick up my son? Can she charge me with kidnapping our son if i do? There has been no custody filed by either of us, nor is there any court orders saying who has custody. I really need to know my rights, cause my son means the world to me, and i want to legally be able to see him even if she doesn't like it.
1 Answer from Attorneys
If you were not married to the mother, unless or until custody is determined by a court, the mother is the presumptive custodial parent. You have no enforceable rights unless they are established by a court. As a result, you must file an action to determine custody and parental rights.
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