Do unmarried fathers have child custody rights in Minnesota?
Do unmarried fathers have child custody rights in Minnesota?
In Minnesota, unmarried mothers start out automatically with sole legal custody and sole physical custody of their children. However, unmarried fathers start out with no custody or parenting time rights, and must establish them through the Minnesota court system.
The reason for this is simple. Because the mother gave birth to the child, there typically are no questions as to who is the true mother. However, it can be more difficult to determine the true father of a child, so the father must establish that parentage through the court system. If both parents sign a Recognition of Parentage (ROP) or a court finds that a man is the father of a child through a paternity action, the father then may pursue legal rights to his child.
Establishing Child Custody
Once paternity has been established through court or by a Recognition of Parentage, a father may petition the court to establish child custody and parenting time rights. Minnesota fathers have the right to petition the court for this, although mothers also have the right to contest this action and fight for the custody and parenting time schedule that they believe is in the best interests of the child.
When contested, the child custody establishment process in Minnesota typically follows a standardized path that includes the parties attending mediation, court hearings, and eventually a trial if the case does not resolve. However, this process can often become difficult to navigate where one or both parents strongly disagree with the other’s custody and parenting time proposal.
Because of the potential for conflict, it is important to contact an experienced Minnesota child custody attorney for guidance through the process of establishing paternity and custody. It is equally important to retain legal counsel for mothers who believe that it is not in the best interests of their child for the child’s father to obtain significant custody and parenting time rights. The Minnesota child custody attorneys at RAM Law PLLC are experienced in dealing with all aspects of Minnesota child custody establishment, and can be reached by phone at 651-468-2103 or through submitting our online consultation form.