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In Minnesota, unmarried fathers have no legal relationship to their child, even if their name is on the birth certificate, unless one of two things happens. The first is that the parents can sign a Recognition of Parentage form.
By law, all parents have a duty to support their children financially. A parent who doesn't have day-to-day care of their child must pay maintenance to the parent who does.
The law does not allow parties to waive child support entirely because child support is a non-bargainable right of children. Parents sometimes agree to reserve child support, meaning that no child support will be paid at the time. However, a reservation of child support is modifiable.
Under MN law, a child has the right to be financially supported by both parents. Who can ask for child support? A parent: Generally, when parents do not live together, they can ask the court for an order establishing a set amount for child support.
Minnesota's family and divorce law is gender neutral . In other words, neither parent will have an advantage in custody or parenting time proceedings simply because of their gender.
Under MN law, the child's preference is one of the factors the court will consider when deciding custody, but it is not the only factor. There is not a specific age listed in the law, so it is up to the judge to decide whether the child(ren) is old enough and mature enough to make a choice.
There's no specific age when a child is old enough to have a custodial preference, but it's somewhat rare for a court to consider the opinion of a child less than seven years old. It's not unusual for an eight-year-old child to have an opinion that impacts the custody decision.
The current law in Minnesota says that a man who receives the child into his home and openly holds out the child as his biological child may be presumed by law to be the child's father. But if the man is not married to the mother, he still needs a court order or ROP to be the legal father.
Some cases warrant just a change in parenting time or a changing of a custody label. In other cases, the offending parent who deprives the other parent of their rights by concealing a child or otherwise not following custody order could be charged with a felony. Minnesota Statute §609.26.
What legal rights do unmarried fathers have in Minnesota? An unmarried father has no legal rights to custody or visitation until paternity is established. Once paternity is established, then the father is considered a legal parent and can petition the court for custody or visitation rights.