Minnesota Paternity Attorneys
Establishing paternity is important because the father of a child has no legal right to custody or parenting time until paternity is established. The mother of a child has sole physical and legal custody until a court decides otherwise. If there is a paternity hearing, the court will decide custody, child support, and parenting time in the same manner as if it were a divorce. If you are facing a paternity matter, our Minnesota paternity lawyers can help.
There are two ways to establish paternity under Minnesota law: (1) through a Recognition of Parentage; or (2) through genetic testing.
Recognition of Parentage
The first of establishing paternity involves a Recognition of Parentage. With a Recognition of Parentage, both parents sign a sworn statement that the man is the child’s father. A ROP is only valid when it is filed with the Minnesota Department of Health. If the mother is not married to someone else, and the parents are at least 18 years old, this statement of paternity is final. A ROP can be done at any time. It is best to speak with a lawyer before you sign it, to learn how it will affect your rights.
The second way to establish paternity involves a court order. One parent may not want to sign a ROP, or more than one man may claim to be the father, or the mother may have been married to someone else when the child was born. The court will look at the evidence, including genetic tests and the past relationship between the mother and the possible father. You can ask for a genetic test but you do not have to have one to establish paternity.
Always A Free Consultation
Have additional questions? Contact the Brown Law Offices, P.A. today. We offer free consultations to all potential clients. Call (763) 323-6555, or complete our free case evaluation form.