Child Custody For Unmarried Parents

In Minnesota, legal custody and physical custody rights are originally based on whether the parents of the child are married or were never married. If the child was born while the father and mother were married, both parents are presumed to have joint custody of the child. This means that both the father and mother have legal custody and physical custody of the child, until otherwise determined.

However, if the parents of the child were never married, the mother has sole legal custody and sole physical custody of the child. In order for the father to obtain custody and parenting time rights, he must file a Petition in Minnesota child custody court and request to establish custody and parenting time. Once this document has been filed, the mother must respond and contest the father’s request.

If the mother fails to appear in Court or does not otherwise contest the father’s request, the father may be granted everything that he is asking for. This may even include sole legal custody and sole physical custody of the child. It is very important for both parents to participate in the legal process.

Most importantly, both parents should be represented by attorneys in the child custody legal process. The child custody establishment court process is complex and often involves highly detailed legal and evidentiary issues.

A child custody dispute can be complicated and difficult, and it is important to have an experienced child custody attorney on your side, fighting for your rights. The attorneys at RAM Law PLLC are experienced in providing legal assistance to parents facing child custody establishment or other child custody disputes. Call the Twin Cities child custody attorneys at RAM Law PLLC to schedule a free consultation.