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In Minnesota, unmarried mothers start out automatically with sole legal custody and sole physical custody of their children. However, unmarried fathers start out with no custody or parenting time rights, and must establish them through the Minnesota court system.
Note: A birth certificate alone does not establish paternity. Even if the father's name is on the birth certificate, there are no obligations, responsibilities, or rights given to him unless further steps are taken to establish paternity.
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.
NOTE: Temporary custody or parenting time can be granted when a parent gets an Order for Protection from domestic abuse. Married parents can only get an order for custody or parenting time through cases involving divorce or legal separation.
By law, if the mother and the father of a child were not married at the time of the child's birth, the mother has sole custody of the child until a court issues a custody order.
§ 518.17, subd. 1(b)(8) (2023).) In Minnesota, two parents can share joint physical custody of their children, and it does not mean that the children have to spend an equal amount of time in each home. The only requirement is that the children live in each home for a scheduled period of time.
Specifically, before the Court may issue an ex parte order, the party seeking ex parte relief must submit an affidavit with their motion showing that they have either made a good faith attempt to contact the other party (but have been unsuccessful), or the motion and supporting documents show good cause why notice to ...
Some parents are able to manage a roughly 50/50 custody split, meaning that the child lives with each parent an equal amount of time. This can work if both parents live close to one another and to the child's school, and are able to exchange the child regularly without difficulty.