Do mothers automatically receive child custody in Minnesota?
Do mothers automatically receive child custody in Minnesota?
The answer to this question is not a simple “yes” or “no,” and requires consideration of whether the child is born to parents that are married or unmarried. If a child is born to Minnesota parents who are married, both parents have equal custody and parenting time rights upon the child’s birth.
However, Minnesota Statutes Section 257.541 states that the “biological mother of a child borth to a mother who was not married to the child’s father when the child was born and was not married to the child’s father when the child was conceived has sole custody of the child until paternity has been established or until custody is determined in a separate proceeding.”
In short, this means that if a child is born to unmarried parents, the child’s mother automatically receives custody of the child until the father establishes his rights through the Minnesota court system. This can be a difficult, complicated, and cost-prohibitive process, and often fathers are reluctant to go to court for fear either of retaliation from the child’s mother, or due to their lack of knowledge about the court process. Additionally, many fathers do not realize that they have no custodial rights to the child and simply assume that because they are the father (and may even have signed a Recognition of Parentage or have been listed on the child’s birth certificate), that they have custodial rights to the child.
Likewise, many Minnesota mothers are unaware of their custodial rights under Minnesota law and feel pressured or coerced to provide a child’s father with more parenting time or parenting rights than he is entitled to. Often this results from a Minnesota mother’s fear that she may be violating Minnesota law if she does not provide the father with significant parenting time.
Why does Minnesota law favor mothers in this way?
Minnesota law undeniably burdens unmarried fathers by placing on them the requirement to establish paternity or custody. However, the public policy behind this relates primarily to a simple biological fact: it is much easier for state records to determine who the mother of a child is at birth, than the father. Additionally, there are many situations where fathers are absent from the birth of their child and biological parentage is not easily determinable. Additionally, there are many circumstances where an individual may believe that he is the father of a child, and in fact is not the father. However, it is always very clear that a woman who has just given birth, is the biological mother of that child.
If you are a parent who is either seeking to establish custody, learn more about your custodial rights, or in need of other legal assistance concerning Minnesota child custody and parenting time, the experienced Minnesota child custody attorneys at RAM Law PLLC are here to help. You can reach our attorneys directly by phone at 651-468-2103 or through submitting our online consultation form.