Legal Question in Family Law in Minnesota

is not possible to respond to a complex custody issue without a full review of the history of the relationship.

One fact is very clear, if the parents were not married, by default, the mother is the custodial parent and the father would have no enforceable parenting rights until they are established by a court. In other words, unless he has a court order, you may prevent him from taking the child when he leaves the home. The chances of acquiring an Order without a hearing aree slim to none based on the facts provided.

If a man is not married to a child's mother when the child is born, he can become the "legal" father through the "Recognition of Parentage" (ROP) process or by Court Order. However, such an adjudication still bestows no custody or parenting time rights on the father. To get a Court Order establishing paternity and establishing custody or parenting time, the father must commence an action for paternity, or where paternity is established, for custody and parenting time, in the local District Court of the county where the child lives. In the end, the longer a father waits to establish custody and parenting time, the more difficult seeking a reasonable custody resolution and/or parenting schedule may become.

If the matter cannot be resolved by agreement, Courts make custody determinations based on what the court believes is in the child's best interests. Most courts do not view 50 -50 custody as a viable option believing that it provides the child with little stability. As a result, in most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. Often, seeking primary physical custody is advisable to seeking joint physical custody in order to acquire a more favorable resolution by agreement. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective.

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