Have you had a child outside of a marriage, and want to know your rights to custody, parenting time, and child support? Do you have a child and want confirmation that you are the biological father? These are all paternity matters.

Recognition of Parentage

When a child is born outside of a marriage, Minnesota law states that the mother has custody until a court order states otherwise. So, if two individuals are in a relationship but are not married and they have a child(ren), Minnesota law states that the mother has custody of the child(ren), even if the relationship is strong and healthy. A document called a “recognition of parentage” is usually completed at the hospital shortly after birth of the child, which creates a presumption that the person on the document is the father to the new born child. This should not be confused with the birth certificate, which is a separate document.

If no recognition of parentage is signed, fathers cannot exercise their parental rights. To rectify this, a paternity action must be commenced to identify the child’s father, usually via DNA testing. Because custody defaults to the mother, it is not uncommon for unmarried couples to go through this process to establish custodial rights for the father. After paternity is established, the father can then move for custody, parenting time, or child support.