An Unmarried Father’s Guide to Obtaining Custody and Parenting Time in Minnesota

An Unmarried Father’s Guide to Obtaining Custody and Parenting Time in Minnesota

In Minnesota, it is presumed that a mother is a child’s legal parent when she gives birth to a child, regardless of whether or not she was married at the time of the child’s birth. Similarly, a man is presumed to be the biological father of a child if he was married to the child’s biological mother when the child was born. If, however, a child’s parents were not married to each other when the child was born, there is no legal father—until paternity is established. There are certain legal requirements that must be satisfied prior to an unmarried father establishing paternity and, then, custody and parenting time rights.

Establishing Paternity  

On many occasions, shortly after a child is born, two unmarried parents will agree or acknowledge that the man is the biological father of the child. In order to put this agreement into writing, the parents will sign a legal document called a Minnesota Voluntary Recognition of Parentage (“ROP”). This document then gets filed with Office of Vital Records at the Minnesota Department of Health or it is not valid. Once the parents sign and execute the ROP, the unmarried father is considered to be the child’s legal father, and the Office of Vital Records will put the father’s biological name on the child’s birth certificate. It is important to note that a birth certificate alone does not establish paternity.

If the parents do not sign the ROP (which is usually signed at the hospital shortly after the mother gives birth), then a court action must be started to officially name the father as the legal father of the child, which is another way of saying “adjudicate paternity.” The Court will likely order the man to take a DNA test to prove that he is in fact the father. If it is proven that the man is the father of the child, the Court will adjudicate his paternity.

Importantly, once paternity is established, the Court may issue a child support order requiring the unmarried father to pay a monthly amount to support the child when the child is not in his care.

Establishing Custody and Parenting Time

While an unmarried man in Minnesota can either sign a ROP or commence legal action to be legally recognized as a child’s father, taking these steps alone will not give the unmarried father any custody or parenting time rights to the child. In Minnesota, an unmarried mother maintains sole legal and sole physical custody of a child until a court order says otherwise. However, because only a legal parent can ask the court for custody or parenting time (with some exceptions—See Third Party Custody), it is important that paternity be established prior to an unmarried father attempting to seek custody or parenting time rights to a child.

If an unmarried father wishes to obtain custody or parenting time rights to a child, they may file a Petition to Establish Custody and Parenting Time with the Court. If the unmarried father’s name already appears on a properly executed ROP, he can file that document with the court, as well, to prove his paternity, so custodial rights may be granted to him. If a court action is already commenced to adjudicate an unmarried father’s paternity, his custody and parenting time rights may be determined in that case, as well.

While an unmarried father must take certain steps to establish his paternity and custodial rights, taking these steps will not guarantee that the Court awards an unmarried father any custodial rights to a child. There are 12 best interest factors the Court will analyze and examine listed in Minn. Stat. § 518.17 to determine whether the parents should share joint custody, whether either parent should be awarded sole custody, and how much time the child should spend with each parent. The sole focus of the Court in making such a decision is what is in the best interests of the child.

Due to the complexities involved in establishing paternity, establishing custody, and establishing parenting time rights to a child, it is extremely important to contact an experienced father’s rights attorney who can protect these rights. Contact the experienced father’s rights attorneys at RAM Law PLLC by phone at 651-468-2104 or through our convenient online form to schedule your free consultation.