Law & Legal & Attorney Family Law

Paternity Rights for Fathers in Minnesota

    Paternity

    • A man does not need biological proof of paternity unless the child's mother contests the paternity. Paternity can be established if both parents sign a Recognition of Parentage (ROP) in a Minnesota court. If the presumed father does want to contest paternity of a child, then he will have to provide genetic proof through a DNA test. A father may also file a petition for paternity with the court.

    Protection From Adoption

    • In an effort to protect fathers from losing their children to adoption, Minnesota created the Fathers' Adoption Registry. Fathers who do not live with the mothers of their children are encouraged to register with the agency so they will receive notice if one or more of their children are placed for adoption. A father can only register with the Father's Adoption Registry if he is legally acknowledged as the father of his child. If the father is not legally acknowledged as the father, he may still be informed of an adoption if he was married to the mother within one year of the child's birth, provided substantial support for the child, resided with the mother and child and filed a paternity claim for the child.

    Custody

    • When a father has paternal rights, he and the mother may have to undergo a custody evaluation. This evaluation takes place if both parents do not agree to the terms of custody. During this four-month evaluation, a court services worker or custody evaluator may make home visits, conduct interviews and perform criminal and child abuse background checks on both parents before submitting her evaluation. Parents may decide on joint custody, in which both parents are responsible for the the care of the child and in any decisions related to the child's welfare. Many fathers are required to continue to pay child support even if they have joint custody of the child. If a mother has legal custody in Minnesota, the father still has rights regarding the child's education and medical treatment.

    Visitation and Child Support

    • Unless evidence suggests that visitation is not in the best interest of a child, a child in Minnesota is entitled to spend 25% of his time with both parents. A court makes the ultimate determination after a six-month period. There are three types of child support: basic, medical and childcare. Minnesota now factors in the income of both parents in determining child support.

    Moving Out of State

    • If a father has visitation or custody rights, the mother must request permission to move the child out of Minnesota. If a father contests the move, a judge may make a determination based on the best interests of the child. If domestic violence was a factor in the relationship between the father and mother, the mother may not need permission to move.

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