Establishing paternity is a crucial legal determination that affects a child’s rights, including inheritance, child support, and access to medical and other benefits. In Minnesota, under certain circumstances, a man is legally presumed to be the father of a child. This presumption of paternity is governed by state law and serves as a foundation for
Paternity
In Minnesota, paternity cases involve the establishment of the rights of fathers outside of a marital relationship. Once paternity is established, the court will focus on custody, parenting time and child support. Unless and until that happens, the mother of a child born outside of wedlock has sole authority.
Divorce in Minnesota: Trial by Judge or Jury?
In the wake of the trial that started this week in the death of George Floyd, it seems like an opportune time to discuss the role of a jury in MN family law cases.
There are two types of trials: trial by judge or trial by jury. Minnesota divorce cases are tried to the court.…
How Can I Access Minnesota Court Case Information?
If you have a case pending in a Minnesota state court, you may wonder how you can access case information? Do you need to go to the courthouse and make a request in person? The answer is yes and no. While some sensitive case information may only be available through public access terminals located at each Minnesota state courthouse, you can also access a great deal of case information online. In this article, we’ll discuss the types of cases and information available and the cost for accessing case information.…
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Termination of Parental Rights and State Assistance
Whether you’ve voluntarily ended your rights as a parent or suffered involuntary termination of parental rights, your life is about to change. Not only will your relationship with your child evolve considerably (or cease to exist), your financial situation may also look considerably different now that you’re freed of your previous rights and obligations. Read…
The New Science of Paternity Testing
Utter the phrase ‘paternity testing’ and you might picture a chaotic scene straight from Maury. In the real world, however, paternity testing looks little like the drama-heavy version portrayed on television. Dealing with paternity issues? These recent advancements in DNA testing may help:…
What is Recognition of Parentage (ROP)?
In Minnesota, you can file a document with the state to recognize a man as father of your child even if you aren’t married to that man. It’s a voluntary action, and both adult parties must sign the document. If you know who the father of your child is, and he is willing to be…
3 Promising Paternity Technologies of the Near Future
Paternity testing has become the de facto method of determining fatherhood, especially in disputed cases that end up in court. But not all cases need to go to court. Here are three cutting-edge paternity technologies that show great promise for the future.…
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Recognition of Parentage in Minnesota — Simple or Complicated?
When paternity testing started including DNA analysis in the mid-1980s, the accuracy in identifying biological fathers rose from about 80-90 percent to an astounding 99.99 percent. In spite of this accuracy, each Minnesota family law attorney at our firm understands why some parents do not feel the need to take a scientific approach, particularly when they believe parentage is certain.…
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Husbands Can Face Legal Issues From Paternity Surprises
When children are born outside of marriage, mothers must establish legal paternity to pursue child support, and fathers need to do the same to pursue their legal rights to their children. As a general rule, however, the Minnesota Courts presume paternity when a man is married to the biological mother at the time of a child’s birth, as well as under other specific circumstances.…
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Recognition of Parentage Does Not Provide Fathers with Full Rights
Minnesota law automatically assumes that children born out of marriage are the husband’s biological children with full paternal rights. Outside of marriage, when both parents agree to a man’s biological paternity, they can avoid the need for genetic testing by signing a Minnesota Voluntary Recognition of Parentage Form. While this process affords fathers with certain rights, when it comes to child custody and other parenting rights, they may need to seek help from experienced attorneys.…
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