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Also, both parents must have signed a MN Recognition of Parentage (ROP), or there must be a current paternity order establishing the legal father. Joint Petition to Establish Custody and Parenting Time. Request to Establish Custody and Parenting Time. Response to Request to Establish Custody and Parenting Time.
1 Most of the time, parties to a custody case are awarded joint legal custody, which means that "both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training." 2
If a child's parents are not married when the child is born, the mother automatically has parental responsibility and the father acquires parental responsibility if: He obtains a parental responsibility order from a court.
An unmarried father does not have a right to custody or parenting time until paternity is established. An unmarried mother has sole legal and sole physical custody of the child until a court order says differently. Only a legal parent can ask the court for custody or parenting time.
The reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference; Contrary to common belief, in Minnesota there is no particular age at which a child gets to decide which parent he wants to live with.