Legal Question in Family Law in Minnesota

Based upon the information provided, the mother would have sole legal and sole physical custody of the child unless a court has determined otherwise. The mother could apply for establishment of child support through the county child support office or by filing a child support action.

If a Recognition of Parentage form was signed by the parents (typically at the time of the child's birth), the father would be recognized as the legal of father of the child, but the mother would be designated as the sole custodian subject to a subsequent determination by a court. If the father did not sign a Recognition of Parentage form and was not determined to be the legal father through a paternity action, the father's paternity would need to be established as part of the request for child support.

Unless a court has granted the father custody or parenting time, the mother has sole legal and physical custody of the child and could call the police if the father refuses to return the child. Ultimately, if custody or parenting time is contested, either party can file an action in court to determine child custody and parenting time based upon the best interests of the child. If the mother has the ability to afford legal representation it would be recommended particularly with respect to any disputed custody or parenting time issues.