Paternity in Minnesota | Establishing Custody and Parenting Time
In most Minnesota divorce cases, the outcome is shaped long before trial – by preparation, clarity, and how expectations are set early in the process, especially during Early Neutral Evaluation. As a Minnesota divorce lawyer, I help clients understand how Early Neutral Evaluation works, why it matters, and how early and careful preparation can shape the outcome of their case.
Recognition of Parentage (ROP) in Minnesota
Most often, when a child is born out of wedlock, hospital staff will have both parents sign a legal document called a Minnesota Voluntary Recognition of Parentage. (This is abbreviated as ROP.) A ROP is a notarized form signed by both parents which acknowledges that the male is the biological father of the child. Hospital staff will also assist with the paperwork needed for the child’s birth certificate. A ROP and a birth certificate are not the same thing.
A ROP plays an important role in establishing legal parentage, but it does not, by itself, establish custody or parenting time. Its primary legal function is to establish parentage for purposes of child support. Often the public authority will bring a legal proceeding to establish child support, and the ROP is used for that purpose. In a child support proceeding, the unmarried father is not granted parental rights.
Similarly, a birth certificate does not confer parental rights on an unwed father. A birth certificate records facts about the baby, including the baby’s name, date and location of birth, and the names and occupations of its parents, but it does not confer parental rights.
Why a Court Order Matters
As a Minnesota paternity lawyer, in my experience, unmarried fathers should always take the steps to legally have a role in their child’s life. Most want to be able to interact with their child’s teachers, doctors, and clergy, and most unmarried mothers want this kind of participation by their child’s father.
Until an unmarried father obtains a court order granting custody and parenting time, he has no rights to the child. He does not have the right to parenting time, the right to participate in medical, religious, or educational decisions. Without a court order, important decisions affecting the child can be made unilaterally under Minnesota law. While uncommon, this legal uncertainty can create serious complications for both parents.
Establishing Custody and Parenting Time
In Minnesota, there is a legal proceeding in family court that establishes custody and parenting time rights for parents. Often, the parents can resolve all issues through a written agreement that, along with some other paperwork, is submitted to the court. Depending upon the situation, a brief court appearance might be needed.
If the parents disagree, once paternity is established, the remaining custody and parenting time issues are resolved by applying the same custody and parenting time principles used in divorce cases. Also, custody and parenting time disagreements are usually referred to Social Early Neutral Evaluation for resolution.
Minnesota Father’s Adoption Registry
In situations where the parents are not aligned or communication is limited, the father should consider registering on the Minnesota Father’s Adoption Registry. This is because if a ROP was not signed – and while this is rare – the mother could place the child for adoption without notifying the father. By registering on the adoption registry, the father preserves his right to receive notice and then commence a custody and parenting time proceeding. If he is not registered, the adoption can go forward without notice.
Paternity matters often require both knowledge of the law and diplomacy. If you have questions about establishing parental rights, call me at (952) 270-7700 to schedule an initial consultation.
