I am married but there is no custody order
If there is no court order
granting custody, you and your spouse have equal rights to physical and legal
custody of your children.
There is one important
exception: If there are children born before
the marriage and there is no adoption or custody order, the mother has sole
custody until a court says she does not have custody.
Legal custody is the right to make the major decisions
about the children. For example,
decisions about schooling, religious upbringing, and medical care.
Physical custody means where the children live and
which parent makes the routine daily decisions.
I am not married to the other parent and there is no custody
order
·
If you are the mother, you have sole legal
and physical custody of your child unless a court order says differently.
·
If you are the biological father, you do not
have legal rights to custody or parenting time (visitation) with the child until
a court order says you do.
What if we signed a Recognition of Parentage (ROP)?
The mother still has sole legal
and physical custody.
A Recognition of Parentage:
·
DOES NOT give legal or physical custody
·
DOES NOT give parenting time
·
DOES mean a Judge can order child support
BUT, a Recognition of Parentage does
prove who the legal father is. Then
he can go to court to ask for legal custody, physical custody, and/or parenting
time.
How do I get a court order giving me custody or parenting
time?
·
If you are married, you can ask a Judge to decide which parent
gets custody by starting a divorce case or legal separation.
·
If you are not married and you signed a Recognition Of Parentage, you can
start a court case to decide custody, parenting time and child support.
·
If you are not married and you have not signed a ROP, the
mother, the biological father, or the County can start a court case. This is called a paternity action. Both parents have a right to a free court
appointed attorney if they cannot afford one.
·
If you or your children are victims of abuse and you fear for your
safety or your children’s safety, you can apply for an Order for
Protection (OFP) and ask for custody. It
is best for you get help from a domestic violence counselor or attorney before
requesting custody in an OFP case.
To find a domestic violence counselor
near you call the domestic Violence Crisis Line at 1-866-223-1111.
To find an attorney near you go to
www.lawhelpmn.org
Custody and parenting time law is complicated. It is always best to see a lawyer for advice.
|
MN Legal Services Coalition
|
Don’t use this fact sheet if it is more than 1 year old. Write
us for updates or alternate formats. Fact Sheets are not a complete answer to
a legal problem. See a lawyer for advice. For more information see www.lawhelpmn.org |
This
project was supported by Grant No. 2005-WL-AX-0053 awarded by the Office on
Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and
recommendations expressed in this publication/program/exhibit are those of the
author(s) and do not necessarily reflect the views of the Department of
Justice, Office on Violence Against Women.