Legal Question in Family Law in Minnesota

Re: visitation for non-married father

You have the right to ask the Court to clarify your parenting time and make decisions regarding transportation and tax exemptions. Please contact an attorney to discuss or call me. Dennis

Re: visitation for non-married father

You definitely have the right to go to court to enforce your rights as a father. In court, you can request a more defined parenting schedule, you can request that mom share in the driving and request that you be entitled to claim your daughter as a tax dependent every other year. We offer a free initial consultation if you are interested in meeting.

Re: visitation for non-married father

The simple answers to your questions are as follows:

Yes, you cold probably have more time, perhaps weekends, and that would not be unusual, depending on your child�s development (is the child nursing, for example);

Yes, you would almost certainly be awarded joint legal custody, although something like �joint� physical custody is more problematic and less likely, particularly given the distance between you;

Yes, the court could very likely order that the mother share transportation costs, although that will depend on your respective financial circumstances; and finally,

Yes, it is possible, though not probable, the court would grant you the right to claim your daughter as a dependent, although again, that depends on your financial circumstances (and ironically, the facts that would most likely give you the right to claim your daughter � the mother having little income and no ability to �use� the exemption � would work against you on the travel expense issue).

Although you are subject to a child support order, you do not likely have an custody/parenting time order, and in fact, would not then have any legally enforceable right to parenting time. I would recommend you commence a custody (perhaps paternity) proceeding sooner rather than later. In that proceeding the court can address the custody issues, together with all of the financial issues. The child support magistrate who determined your child support has no jurisdiction to make any order for custody or parenting time.

Again, thank you for your question. If you have additional questions, my contact information is below.