Experienced Legal Representation in Paternity Cases

Paternity cases in Minnesota involve crucial child-related issues similar to those in divorce, but with the additional requirement of establishing legal paternity. Under Minnesota law, unwed mothers have sole authority over a child’s upbringing until a court order grants the father custodial rights or parenting time. As a result, many fathers pursue their legal rights early in the child’s life.

Key Legal Issues in Paternity Cases

Paternity cases generally address three main issues: 1. Adjudication of Paternity 2. Custody and Parenting Time 3. Child Support It is important to note that property disputes between unwed couples are not addressed within a paternity action. These matters must be pursued separately in district court.

Paternity Adjudication

The process of adjudicating paternity determines whether an individual is legally recognized as a child’s father. Our experienced Minnesota paternity lawyers can guide you through this process to ensure your parental rights are properly established.

Recognition of Parentage (ROP)

One method of adjudicating paternity is through the execution of a Recognition of Parentage (ROP). This legally binding document is signed by both parents, affirming the father’s legal status. Typically, this occurs at the hospital shortly after birth. Once completed, the ROP is filed with the Minnesota Department of Health and Human Services. If both parents agree, no further court action is needed.

Judicial Adjudication of Paternity

If no ROP has been executed, the court may intervene to establish paternity through: 1. Voluntary Acknowledgment – The purported father attests under oath that he is the child’s father, and if the mother agrees, no further verification is needed. 2. Genetic Testing – If paternity is disputed, the court may order a DNA test to confirm biological relationship.

Genetic Testing

Genetic testing is a non-invasive process that involves collecting saliva samples from both the father and child. These samples are analyzed by a certified laboratory to determine a biological match. Our Minnesota paternity attorneys will guide you through this process to protect your rights.

Custody and Parenting Time

Custody and parenting time issues in paternity cases mirror those in divorce, but with one key difference: a father has no legal right to custody or parenting time until granted by the court.

Types of Custody

  1. Physical Custody – Determines who provides daily care for the child. 2. Legal Custody – Determines who makes major decisions regarding education, healthcare, and religious upbringing. Courts may award joint custody or grant one parent sole custody based on the child’s best interests.

Parenting Time Schedules

The court establishes parenting time schedules based on factors such as: – The child’s ageEach parent’s level of involvementThe proximity of the parents’ residences Our skilled Minnesota paternity lawyers can help you navigate custody and parenting time to ensure you maintain a meaningful role in your child’s life.

Child Support in Paternity Cases

Parents have a legal obligation to financially support their minor children. Child support obligations in paternity cases are similar to those in divorce proceedings but may include additional considerations.

Key Differences in Paternity Child Support Cases

  1. Pregnancy and Birthing Expenses – A father may be held responsible for medical costs incurred during pregnancy and childbirth. 2. Retroactive Child Support – A mother may seek up to two years of back child support before a court’s official order.

Components of Child Support

Child support in Minnesota consists of three primary components: – Basic Support – Monthly financial payment to cover living expenses. – Medical Support – Allocation of health insurance premiums and uninsured medical expenses. – Daycare Support – Division of childcare costs related to employment or education. Our experienced paternity lawyers will help ensure that financial obligations are fairly determined.

Protecting Your Parental Rights

Paternity cases can be legally complex and emotionally challenging. Whether you are seeking to establish paternity, secure custody and parenting time, or address child support matters, our Minnesota paternity lawyers are here to protect your rights. At Barna, Guzy & Steffen, we are committed to providing expert legal representation in all aspects of paternity law.

Paternity FAQ

Why should I establish paternity?

Establishing paternity secures a father’s legal rights and responsibilities, including custody, parenting time, and financial support.

Can a mother deny a father’s request for a paternity test?

If the mother refuses, the father can petition the court to order genetic testing.

Does signing a birth certificate establish paternity?

No. Signing a birth certificate does not legally establish paternity in Minnesota. A Recognition of Parentage (ROP) or court adjudication is required.

Can paternity be established after the child turns 18?

Generally, paternity cases must be initiated before the child turns 18, though certain exceptions may apply.

Can paternity be challenged after it has been established?

Yes, paternity can be challenged in limited circumstances, such as fraud, duress, or mistake of fact.

What happens if the father refuses to pay child support?

Failure to pay child support can result in legal consequences, including wage garnishment, license suspension, and contempt of court.

Contact Barna, Guzy & Steffen Today

If you need assistance with a paternity case in Minnesota, our dedicated legal team is ready to help. Contact Barna, Guzy & Steffen today at (763) 783-5146 for a consultation and take the first step toward securing your parental rights.