How Is Paternity Established in Minnesota?

Posted on June 29, 2010 by Jason C. Brown

Paternity must be established in order for the father of a child to seek physical custody, legal custody or parenting time with a child born outside of marriage. In the absence of establishing paternity, a father has no custodial rights, or the ability to exercise parenting time, unless the parties agree otherwise.

Minnesota law provides two ways for a father to establish paternity of a child: (1) a signed Recognition of Parentage; or (2) a court order.

A Recognition of Parentage ("ROP") is signed by the parents of a child, at the hospital, shortly after the child's birth. The execution of a ROP establishes the father-child link, allowing a father to move a court for physical custody, legal custody or parenting time.

In other circumstances, the mother, father or county (if public assistance has been received by mother) may establish paternity through a court proceeding. The father and child will participate in genetic testing to determine paternity. The issues of physical custody, legal custody and parenting time may be addressed in the same court case. A case may be filed in court anytime until the child reaches 18 years of age.

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Firm Obtains Generous Grandparenting Time Award

Posted on May 8, 2008 by Jason C. Brown

Our attorneys were recently involved in a very contentious family law situation involving a request for grandparenting time. Our firm represented the paternal grandparents of two children, ages 9 and 5. The mother and father of these two boys both contested the request of the grandparents for a court order that would compel grandparent visitation.

Our argument to the court was that the grandparents had “stepped into the shoes” of the father, who was an admitted alcoholic. Despite the fact that the grandparents had spent substantial amounts of time with their grandkids, mom and dad disputed their continued involvement in the lives of the children and wanted all time spent with the grandparents to be supervised.

Our clients were awarded one full weekend a month with the grandkids and additional time to take their grandchildren on vacation. None of the time was required to be supervised. This award was quite substantial, given the fact that most non-custodial parents are typically ordered to receive two weekends per month of parenting time, along with one weekday evening. The court clearly recognized that the stability of the children was critical in this case and that this ongoing relationship served their best interests.

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