Click Here for Print Version

Rights and Responsibilities of Unmarried Parents


4th Edition
February 2008

PREFACE

This booklet provides basic information about the rights and responisbilities of unmarried parents.  It is a guide and is not meant to answer all questions.  The laws referred to in this booklet may change often, so be sure to check for changes. This booklet only gives general rules, which may or may not apply to your situation.

Low-income people can get a copy of this booklet from their legal services office. Others can purchase the booklet for $7.00 (which includes $2.00 postage and handling) and applicable 6.5% St. Paul sales tax from the Minnesota Legal Services Coalition, 2324 University Avenue West, Suite 101B, St. Paul, MN 55114.  Discounts are available on bulk orders by calling the Coalition office at (651) 228-9105, Ext. 111.

Copyright 2008 by the Minnesota Legal Servivces Coalition.

Table of Contents

  1. Introduction: Learning about legal parenthood
  2. What is paternity?
  3. Why should paternity be established?
  4. How is paternity established?
    1. What is the Recognition of Parentage (ROP) and what is its legal significance?
    2. What is a Paternity Adjudication and what is its legal significance?
    3. What is a presumption of paternity?
    4. What is the Declaration of Parentage?
    5. Can I have a lawyer represent me? What if I can’t afford a lawyer?
    6. Guardian Ad Litem (GAL)
    7. Blood or Genetic Tests
    8. Differences between a Recognition of Parentage (ROP) and a Paternity Adjudication
  5. Child Support, Medical Support and Childcare Support
    1. Medical Support
    2. Childcare
    3. What about public benefits?
    4. What about tax deductions?
    5. Who decides what the child’s last name will be?
  6. Rights and Responsibilities of Parents After Paternity is Established by Court Order
    1. What is custody?
    2. 13 factors to decide what is in the best interest of the child.
    3. Can custody be changed after the court has made its order?
  7. Rights and Responsibilities of Each Parent When They Sign a ROP
  8. Parenting Time
    1. Reasonable Parenting Time
    2. Scheduled Parenting Time
    3. Additional Parenting Time to Provide Childcare
    4. Parenting Time Expeditor
    5. Restricted or Supervised Parenting Time
    6. Moving Out of State
    7. Once the court makes a decision about parenting time, can that order be changed?
    8. We signed a Recognition of Parentage (ROP). What are each parent’s parenting time rights?
    9. Voluntary Parenting Plans
  9. Domestic Abuse
    1. What is domestic abuse?
    2. What is an Order for Protection (OFP)?
    3. May I apply for an OFP against my child’s other parent?
    4. May I ask for child support in an OFP?
  10. CONCLUSION
  11. More Resources
    1. Legal Aid Offices in Minnesota Listed by County
    2. Minnesota Voluntary Recognition of Parentage Information and Form
    3. Minnesota Father's Adoption Registry Questions and Facts
    4. Table of Citations 

Introduction: Learning about legal parenthood

This booklet will help you understand your rights and responsibilities as a parent. Your child deserves the best you can offer, including the love, attention, support, and understanding of BOTH parents.

Even if there are disagreements between parents, the child has a right to shared parenting when both parents are able to provide it.  It is best for the child to be taken care of by both parents.  Major decisions should be made by both parents so they can both  lend their  experience and judgment to a situation. The child does not lose these rights when the parents are not married.

(Back to Contents)

What is paternity?

Paternity is the legal term used for being the father of a child.  When a man has paternity he is seen by the law as the legal father.
It is taken for granted (presumed) that the mother is the parent of her child. When a child is born during a marriage, the husband is presumed to be the father of the child.

If the parents were never married, the mother has sole legal and physical custody until a court order says differently.

An unmarried father has no legal rights to custody or visitation of the child.  Only a legal parent can ask the court for custody or visitation.  A legal parent is also responsible for supporting a child. Once Minnesota law names a man as the legal parent of a child, he has certain rights, duties and obligations that go along with being the legal parent of that child.

When the parents are not married or there is a question about who the father is, paternity must be established in another way. The parents may agree that the man is the biological father and sign a form called a Recognition of Parentage (ROP) or a court action may be started to name a father.  Before the Recognition of Parentage form is signed a parent may ask for tests to prove that the man is the biological father.  He may also be ordered to take a blood test or other genetic test by the court.

Once paternity has been established, the father has the right to ask for parenting time (visitation) or custody. The parent who does not have custody will be ordered to pay child support, medical support, and childcare support. Paternity actions in court have far-reaching consequences and must be taken very seriously.

(Back to Contents)

Birth Certificates

A birth certificate, by itself, does not establish legal paternity.
                       
When the parents sign the Recognition of Parentage (ROP) in the hospital, the father’s name will automatically be on the birth certificate. If you sign the ROP after leaving the hospital, the father’s name can be added, but the State Registrar of Vital Statistics charges a fee to change the birth certificate.  Click here to read more about ROPs.

Advice from an attorney is the best way to make sure that your rights are protected.

(Back to Contents)

Why should paternity be established?

Psychological Benefit
Most of the time, there are emotional benefits for your child by having contact with his or her father. Your child may also develop family ties to grandparents, aunts, uncles and other relatives, as well as to his or her biological father.

Medical History
Your child may also gain access to medical history and genetic information that may be helpful in current or future medical treatment.
       
Inheritance   
The child has legal rights as an heir to inherit from the father and the father’s relatives.         

Government Benefits
If the father becomes or is disabled, the child may be able to get benefits from the Social Security Administration or Veteran’s Administration. The child can also get death benefits from Social Security or military benefits if the father was a veteran.

Decision Making About the Child
Unless certain actions are taken to establish the legal relationship, the father has no right to be involved in the child’s life, including the decision for the child to be adopted.

(Back to Contents)

How is paternity established?

There are 2 ways to establish legal paternity in Minnesota.
  1. Recognition of Parentage (Recognition or ROP)
  2. Paternity Adjudication (Court Order)

What is the Recognition of Parentage (ROP) and what is its legal significance?

A Recognition of Parentage (ROP) is a legal document establishing the father and child’s relationship when the father is not married to the mother of the child.  You may view a sample ROP form by clicking here.

The ROP
If either parent is under 18 years old when signing the ROP, then it is only a “presumption of paternity,” if paternity is later challenged in court. However, it is final for other purposes such as child support.

An ROP can be filled out and signed at any time. You do not need a lawyer, but it’s a good idea to talk to one before you sign to make sure you understand how it will affect your rights.

An ROP is as serious and final  as a court order establishing paternity. When you sign an ROP,  you are giving  up the rights to blood and genetic testing to find out if the man is the child’s biological father. The father is giving up his right to a district court trial about parentage. Both parents give up their right to counsel.

If you are not sure, do not sign this important legal document.

(Back to Contents)

Does signing the ROP give custody or parenting time rights?

No. The ROP does not give the father any custody or parenting time rights. It only establishes paternity. The father can visit the child if the mother agrees to parenting time. If the parents cannot agree on visits, the ROP gives the father the right to go to court about parenting time. If the father wants custody, the ROP is the legal basis to ask for it.

Signing the ROP does not give the father automatic rights to custody or to visit the child.

(Back to Contents)

I signed an ROP  but now I am not sure I should have. Can I cancel it?

Anyone who signed an ROP  can cancel it within 60 days. This is called a  revocation.  A revocation  must be in writing, notarized, and filed with the Department of Vital Statistics. The mother, the person who signed as father, or a husband who signed, can revoke the ROP. No special form is needed.

After 60 days, only a court can vacate (cancel) the ROP. The person who signed the ROP or the child or the public authority (the child support office) may bring a court action to vacate the ROP. The action must be brought within certain time limits as follows:
The person bringing this action has to be able to show there was fraud, duress or material mistake of fact.

(Back to Contents)

What is a Paternity Adjudication and what is its legal significance?

A Paternity Adjudication is different from an ROP. It is the other way to establish legal paternity. A Paternity Adjudication is a court order that says who the child’s father is. The order should also decide custody, parenting time, child support, medical support, childcare support, and the child’s legal name.

(Back to Contents)

Who can bring a paternity action to court?

The child (through a guardian), the child’s biological mother, a man presumed to be the father, or the county can start a paternity action. The law also lets a grandparent start the case, if that grandparent’s child (the mother or father) is dead or is a minor.

(Back to Contents)

Can a paternity action decide that someone is not the father?

Yes, the court can make an order that a man named in the court action as a party is not the father of the child.

(Back to Contents)

Who can start a paternity action when the child is older?

A child, the child’s mother or a man presumed to be the father may bring a court action at any time for the purpose of declaring the parent-child relationship. If a presumed father (or another person) wants the court to declare he is not the father, the legal action must be started before the child is 3 years old. But, this time limit does not apply in all cases. Also, if a person starting the action knows the man is not the father, the action must be started within 2 years of finding out that the man is not the father.

(Back to Contents)

What are the steps in a Paternity Adjudication?

The first step is serving formal legal papers just like starting any other court case. The next step is getting information. Either parent has the right to ask for blood or genetic tests. Parents can always come to an agreement at any stage of the court case. If the parents cannot agree, the court will schedule a hearing or trial to decide the issues. All hearings or trials under the parentage act are held in closed court without any persons other than those necessary to the action.

The court will make a paternity order or judgment.  The final judgment is a public record, but all the other papers and records are not.  These papers may be inspected only if the court and the people that were part of the case say it is ok.  In some special cases the papers can be inspected without permission but the court has to decide if there is a good enough reason before they say ok.   A plaintiff or defendant in a paternity trial has the right to a jury trial under the state constitution, but because of modern technology this is rare.

(Back to Contents)

What is a presumption of paternity?

The court will sometimes “presume" (take for granted) that a man is the child’s father.  A man is presumed to be the biological father if: 
  1. He claims his paternity in writing, (like with an ROP) filed with the Department of Vital Statistics
  2. He agrees to be named as father on the birth certificate, or
  3. He is ordered to pay support for this child or
(Back to Contents)

What is the Declaration of Parentage?

A man may also be presumed to be the child’s father if he has signed a Declaration of Parentage.  The Declaration of Parentage is any written acknowledgment of parentage. It is only a presumption of paternity. In 1995, the law changed to allow ROPs to be signed to determine parentage. The old form (Declaration) is no longer used. If you got a Declaration prior to 1995, you should consult an attorney to find out the current status of that Declaration.

A Paternity Adjudication or an ROP is still needed to establish paternity even if a Declaration of Paternity is signed. People easily confuse Declarations and ROPs, but they are very different.

(Back to Contents)

Can I have a lawyer represent me? What if I can’t afford a lawyer?

In any legal matter, you may always hire a lawyer to give legal advice or representation.
   
You have a right to have a free, court appointed lawyer if you are low-income and if there is a paternity case in court. Even if you are low-income, the court will not appoint a free lawyer unless you have a paternity case in court.

There is no right to a free lawyer if the parents have signed an ROP. You can still choose to consult with a lawyer, but you may have to pay for the lawyer yourself.

If an ROP is signed, contact your local Legal Aid office for advice and help. You may be able to get help for free.

(Back to Contents)

Guardian Ad Litem (GAL)

What is a Guardian Ad Litem (GAL)?

A Guardian Ad Litem is a neutral person appointed by the court.  They are appointed for the purpose of the court case and act on behalf of a person not able to take legal action, like the child. The Guardian Ad Litem will be involved throughout all stages of the Paternity Adjudication to advise the court about what is best for the child.

(Back to Contents)

What does a Guardian Ad Litem (GAL) do?

In family and juvenile court, a Guardian Ad Litem advises the court about what is in the best interest of the child regarding custody and parenting time during the case. The Guardian Ad Litem does not have custody. A Guardian Ad Litem should make an independent investigation about what’s best for the child and write a report.

The parties may be asked to pay the costs of a Guardian Ad Litem. However, if you are low-income or represented by legal aid, you may not have to pay any Guardian Ad Litem costs.

If either parent is a minor, the court will appoint a Guardian Ad Litem for that parent. In this situation the court usually appoints a relative such as the parent of that minor.

(Back to Contents)

Blood or Genetic Tests

Blood tests and genetic tests are 2 types of medical tests done to determine paternity.  Some areas still use blood tests, but many are now using genetic (DNA) tests. Genetic tests are very sophisticated.  Many people refer to both types as simply “blood tests.”   

Either parent may ask for genetic testing even before either party starts a court case.

Often genetic tests are the most objective and influential evidence in a paternity proceeding. The courts favor the use of genetic tests as the most accurate and efficient means of determining paternity.

The results of a blood or genetic test can usually determine for sure that a person is NOT a biological parent of a child.
   
Once the court makes its final order, or after the ROP is signed, the right to a blood test goes away. If you are unsure about paternity, ask for blood testing either before signing an ROP, or as part of a court action. 

The county agency will assist with blood or genetic testing before an ROP is signed or during a court action.

(Back to Contents)

Differences between a Recognition of Parentage (ROP) and a Paternity Adjudication

Recognition of Parentage
(ROP)		Paternity Adjudication
(court order)
  • Informal - do not have to go to court
  • Formal - must go to court
  • can be done at any time
  • can be done at any time to establish paternity, but time limits apply if trying to prove non-paternity in some cases
  • both parents must agree and if the woman is married to another, the husband must sign also
  • goes forward regardless of agreement
  • is the legal basis for child support and a separate child support action is needed
  • child support  is part of the same legal action
  • is the legal basis for father to bring court action for custody or parenting time
  • custody/parenting time is part of the same legal action
  • quick, inexpensive, no right to free lawyer but you can pay one
  • most court actions take a long time, if not eligible for free lawyer it can be costly, right to have a court appointed lawyer

(Back to Contents)

Child Support, Medical Support and Childcare Support

Child support is a court ordered award of money for the care and support of the children.  It is paid by the parent who does not have physical custody of the children. Child support has 3 parts -  basic support, medical support and childcare support.

The child support order can be part of the paternity order or made in a separate legal action for child support if there is an ROP already signed.

Child support is only ordered after paternity is decided with an ROP or a  Paternity Adjudication.  It  can cover up to 2 years before the legal action was started.  The legal standards for deciding on basic support, medical support, and childcare support are the same in a paternity proceeding, a separate action for child support, and in a divorce proceeding. The amount of support is calculated  based on the Minnesota Child Support Guidelines. The order usually sets up automatic withholding from the payer’s income.

The non-custodial parent must pay child support even if there is no parenting time or if the custodial parent is denying parenting time rights. For more information on child support, see the legal services booklet called “Child Support Basics.”

A non-custodial parent cannot avoid the obligation to pay child support on the grounds that he was under 18 at the time the child was born.

(Back to Contents)

If I have an ROP, can I start a court action for child support?

Yes. An ROP by itself does not include anything about child support.  But if you have an ROP you can use it to go to court to get child support.  The parent who does not have custody will be ordered to pay child support, which includes basic support, medical support and childcare support.

(Back to Contents)

Does Legal Custody affect child support?

No. Legal custody does not change the way child support is determined. But joint physical custody does change the way child support is determined.

(Back to Contents)

Does Parenting Time affect child support?

Yes. Parenting Time, generally calculated by the number of overnights a child spends with each parent, may result in an adjustment to basic child support. If Parenting Time is equal or close to equal, a different formula is used. See the legal services’ booklet “Child Support Basics” for more information about basic support.

(Back to Contents)

Medical Support

Both the custodial and the non-custodial parent can be ordered to provide medical support.  Medical support includes covering the child with health insurance and paying toward premiums, co-pays or other uninsured or un-reimbursed medical expenses.
 
Whenever a court makes a decision about child support, it must also make an order about medical support. If the child gets Medical Assistance or MinnesotaCare, the court order will also include reimbursement for this public assistance.

See the legal services’ booklet “Child Support Basics” for more information about medical support.

(Back to Contents)

Childcare

If the parent with custody has childcare costs while working or going to school, the non-custodial parent may have to pay a share of these childcare costs.

Each parent will be ordered to pay a share equal to that parent’s share of the combined income. 

See the legal services’ booklet “Child Support Basics” for more information about childcare support.

(Back to Contents)

How can I get help to establish child support?

The county child support office will help either parent establish paternity, child support or medical support.  They can also help  with other child support matters. If a parent gets public assistance, the child support case is started automatically. If a parent does not get public assistance, the parent must apply and pay the child support agency a one-time application fee of $25. The county attorney represents the county agency, not either parent. The county’s goal is to establish paternity (by Recognition of Parentage or by court action) for all children and to help set up child support. The county will not help you with custody or parenting time issues. Contact your local legal aid office for help with custody and parenting time.

There may be fees if you do not get any public assistance. Ask about those fees.

The child support office can help you find a missing parent to establish paternity (if a child was born outside of marriage) or to start a child support case.

If you believe you or your child could be harmed by starting a  paternity or child support case, you do not have to apply for services or can stop any action already started.  If you get public assistance, you can apply for a “good cause” exemption and you will not have to cooperate with the child support office.

Tell your worker about domestic violence (threats, fears, or harm) and ask for a “good cause” exemption.

(Back to Contents)

What about public benefits?

A parent or other relative that has a child living with them may apply for and get public assistance without needing a custody order.  An income eligible parent that has the children living with them may apply for and get MFIP (the Minnesota Family Investment Program), Medical Assistance and childcare assistance.

(Back to Contents)

What about tax deductions?

IRS rules say the parent that the child lives with more than 50% of the time may claim the child as a dependent for their tax returns.  Or, that parent can sign a form giving that right to the other parent. This is called an exemption.  The IRS (and State) tax rules apply until or unless a court makes a different order.  In any child support determination, the court can look at the financial situation and then order one parent to sign the form giving the exemption to the other.  Often it makes sense for the court to order the custodial parent to give the tax exemption to the non-custodial parent.  This increases the non-custodial parent’s net income, which is the basis for child support.  Then both parents and the child benefit.  The order will also say that the exemption transfer is only valid if that parent is current in child support.

(Back to Contents)

Who decides what the child’s last name will be?

At the hospital, the mother can choose the child’s last name. The parents must agree to keep or change the child’s last name when they sign the ROP.

As part of a Paternity Adjudication, the court must make an order about the child’s name. If the parents do not agree, the court will decide what name is in the child’s best interest.

(Back to Contents)

Rights and Responsibilities of Parents After Paternity is Established by Court Order

                     

What is custody?

     There are 2 parts to custody.
          1. Legal Custody 
          1. Physical Custody

Legal Custody

Legal custody could be called “decision making custody.” This custody involves the right of a parent to make major decisions about the child’s life, such as
The court can give legal custody to one parent or to both parents together.  This is called joint legal custody.  Joint legal custody means both parents have equal rights in making major decisions. The court prefers that parents have joint legal custody, unless there has been domestic abuse.

Sole legal custody means one parent makes these decisions.

Whether legal custody is sole or joint, both parents have the right to be informed about the child’s schooling, medical care and other major decisions.  Both parents can attend school conferences, attend medical appointments, have reasonable telephone contact with the child, etc.

(Back to Contents)

Physical Custody

The parent that the child lives with has physical custody. The court usually orders that one parent have sole physical custody. Joint physical custody means that the child lives part of the time with each parent and both parents schedule where the child lives. It does not necessarily mean that part time is 50% with each parent.

(Back to Contents)

If the parties do not agree about custody and the court must decide, it looks at 13 factors to decide what is in the best interest of the child.

  1. What each parent wants for custody.
  2. What the child wants, if the child is considered old enough to have a say. 
  3. Which parent has been the primary caretaker.
  4. The intimacy of the relationship between each parent and the child.
  5. The relationships between the child and parents, brothers and sisters, and other people who play a part in  the child’s life (such as grandparents, parent’s new partner, etc.)
  6. The child’s adjustment to home, school and community.
  7. The length of time the child has lived in a good, stable, environment and how important it is to keep things the way they are.
  8. The permanence as a family unit of the proposed custodial home.
  9. The mental and physical health of everyone involved.
  10. The ability and willingness of the parties to give the child love, affection and guidance, and to continue to educate and raise the child in his/her culture or religion.
  11. The child’s cultural background.
  12. Whether there is or has been domestic abuse by one parent against the other and the impact of the actions of the abuser on the child.
  13. Unless there is or was domestic abuse, the willingness of each parent to encourage and allow continuing contact by the other parent with the child. 
(Back to Contents)

Can custody be changed after the court has made its order?

Yes, custody can be changed. But, once the court makes its first decision about custody, that decision controls what happens and is very hard to change later. The court can only look at facts that have changed since the prior order. The court may change custody
(Back to Contents)


Rights and Responsibilities of Each Parent When They Sign a ROP

When parents sign a Recognition of Parentage (ROP), it does not establish custody and parenting time.

After an ROP is signed, the mother has the same sole legal and physical custody she had before the ROP was signed.  If the father wants any custody or parenting time, he has to ask the court for an order. This court action is not a paternity action, but is about custody under a different law. The court will then decide custody or parenting time using the same “best interest” standard used for the paternity order.

(Back to Contents)

Our Recognition of Parentage was signed and we are now going to a child support hearing before a magistrate. Can that magistrate make some decisions about custody?

No. The special expedited process for child support cannot make any decisions about custody or parenting time. If you want to have custody decided by a court, you must let the other parties (the other parent and the county) know by properly bringing an action for custody and asking to have the matter heard in district court. District Court has the power to make decisions about both child support and custody.

(Back to Contents)

Our Recognition of Parentage was signed and we are now going to court about domestic abuse. Can the court make some decisions about custody?

No. A decision about custody after an ROP CANNOT be combined with any proceeding concerning an Order for Protection.

(Back to Contents)

Parenting Time

What happens with parenting time when a court decides paternity?

When a court makes a decision about paternity, the court order is also supposed to have decisions about custody and parenting time.

When the court makes decisions about parenting time, it looks at letting the child and the non-custodial parent to keep up a relationship that is in the best interest of the child. The court should consider the age of the child and the type of relationship the child had with that parent before the legal action began. The court can order a specific schedule for parenting time or leave it very broad and general by calling it “reasonable parenting time.”  If the court finds that parenting time is likely to harm the child physically or emotionally, the court can restrict or condition parenting time. Restrictions can be things like: 
(Back to Contents)

Reasonable Parenting Time

Sometimes the “Judgment and Decree” (court order) states that the parent without custody will have "reasonable parenting time."  The parenting times are not set and the parties must make their own plan for visits.  The plan can change from time to time if the parents agree.  The parent who has custody has the final decision, but must be fair in allowing parenting time to the non-custodial parent. This works well when both parents get along well enough to plan the visits and set the times. If parents have conflicts, a parenting time schedule is better than “reasonable parenting time.” 

(Back to Contents)

Scheduled Parenting Time

If the parents cannot agree, the court may schedule parenting time by court order. For example, visits may take place every other weekend and every other holiday, during a part of school vacations, and for a longer time during the child's summer vacation. 

You may ask the court to order a law enforcement officer or another person to come along to make sure parenting time rules in the court order are followed. But this is not a permanent solution. If the pick-ups and drop-offs of the child cannot happen safely or as ordered on a regular basis, the court is likely to order a more restrictive exchange plan or location. If law enforcement or another person is needed, the court order needs to say this.

(Back to Contents)

Additional Parenting Time to Provide Childcare

Additional parenting time may be given to the non-custodial parent to provide childcare while the custodial parent is working.  This kind of plan has to be fair and in the best interest of the child.  In looking at if this additional parenting time/childcare time should be given, the court will look at
  1. how well the parents can cooperate
  2. methods for solving arguments about the care of the child and the parents' willingness to use those methods and
  3. if there has been domestic abuse between the parties.   
Courts cannot lower child support payments because they order this kind of childcare.

(Back to Contents)

Parenting Time Expeditor

The court can appoint a "parenting time expeditor." This expeditor is a neutral person who will help solve problems about parenting time. Expeditors may not be available in all counties.  If an agreement is not reached, the expeditor will make the decision.  The decision of the parenting time expeditor is "non-binding."  This means that the court can change the decision if either party brings a motion asking the court to resolve the dispute.  The decision is "binding" (has to be followed)  until changed by the court. 

If a problem comes up, the expeditor will meet with the parties.  The parties may also agree to meet with a mediator, social worker, or someone who can help them reach an agreement.  If no agreement is reached, the parties may go back to court.

The court cannot make you have your parenting time problem settled by a parenting time expeditor if
You and the other parent will have to pay for the expeditor.  The court will decide how much each of you will pay before appointing the expeditor.  If you cannot afford to pay the expeditor’s fees, and the other parent doesn't agree to pay, your parenting time problem will not be sent to an expeditor.

(Back to Contents)

Restricted or Supervised Parenting Time

The court may restrict parenting time if the parent asking for parenting time might harm the children.  Harming the children might be physical, emotional or by kidnapping. The court can limit the hours of parenting time or limit the place where parenting time can take place.  The court can order that the child only visit when another person is there.  This is called supervised parenting time.  In some cases, parenting time may be denied altogether. The court can also order that the pick-up and drop-off of the child take place at a safety center to protect the custodial parent.

If a parent asking for parenting time has been convicted of certain crimes, that parent must convince the court that parenting time with the child is in the child's best interest.  These crimes include assault, sexual abuse, parental kidnapping, terroristic threats, felony harassment and stalking. Ask your lawyer if these laws apply in your case.

(Back to Contents)

Moving Out of State

When parenting time rights are granted, the custodial parent cannot move the child to another state without getting permission from the other parent.  If the other parent will not give written permission for the move, the custodial parent must ask for permission from the court.

(Back to Contents)

Once the court makes a decision about parenting time, can that order be changed?

Yes.  The parenting time order can be changed if the situation changes and a new order is needed for the child’s best interest. Changing parenting time rules is easier than changing custody orders.  This is because the court just looks at the best interest of the child and does not have to look at if the current parenting time actually endangers the child. The court administrator’s office has forms for the public to use (called pro se forms) to ask the court for parenting time changes without a lawyer. You can also contact your local legal aid office for help.

(Back to Contents)

We signed a Recognition of Parentage (ROP). What are each parent’s parenting time rights?

If the father wants a legal right to visit, he has to bring a separate legal action for parenting time. The parents may agree about parenting time but there is NOT a legal right to enforce that agreement. Please read the sections about custody after an ROP is signed, since much of the same procedure applies when looking at parenting time. The court will also use the same legal standards to decide parenting time for any reason—after an ROP in a paternity action or in a divorce action.

(Back to Contents)

Voluntary Parenting Plans

The law allows parents to come up with their own “Parenting Plans.” This Parenting Plan takes the place of separate custody and parenting time orders.  A Parenting Plan  may include issues about the children that are not part of  the ordinary custody and parenting time orders. A Parenting Plan includes a schedule of the time each parent spends with the child, a description of which responsibilities each parent has regarding the child and a description of how conflicts will be resolved. The court must approve this plan and it must be in the best interest of a child (see factors the court will consider). Parents should not do this without having legal representation.

Parents agreeing to a Parenting Plan may use terms other than “physical” and “legal” custody, as long as the terms are well defined. Parents must still write down that custody is joint legal or joint physical or sole legal or sole physical custody.

If parents do not agree to a Parenting Plan, the court may create one for the parents. If there has been domestic abuse by one parent against the other parent or the child, the court cannot create a Parenting Plan on its own motion. The court cannot force parents to use a Parenting Plan.

(Back to Contents)

Domestic Abuse

What is domestic abuse?

All of the following are domestic abuse.

1.    Physical harm includes such things as
  • shovng
  • pushing
  • punching
  • kicking
  • pulling hair
  • choking
  • slapping
  • throwing things at you
  • burning you with hot food or cigarettes
  • stabbing
  • shooting
  • locking you in a room
2.    Creating fear of immediate physical harm (threats) includes such examples as
If the abuser has hurt you in the past and these words or actions make you think the abuser is about to do it again, that is a threat.

3.    Criminal sexual conduct

Forced intercourse (rape) or forced contact with intimate body parts.  For a child under 18, this also includes any sex or sexual contact.

4.    Terroristic threats include
5.     Interfering with an emergency call (such as 911 or the police)

(Back to Contents)

What is an Order for Protection (OFP)?

An Order for Protection (OFP) is a court order. It can do these things:
An OFP is not a criminal case. It takes place in the family court division of civil court. However, violation of an OFP is a criminal case and is prosecuted in the criminal court.

 (Back to Contents)

May I apply for an OFP against my child’s other parent?

Yes. People who have a child together may apply.

Family members or household members can ask for an OFP.  This includes
You can get an OFP before, during, or after a paternity case involving the abuser.  The OFP court case is separate from the paternity case.

(Back to Contents)

May I ask for child support in an OFP?

You may ask for child support in an OFP, but  you cannot get child support unless you ask the court for a hearing. Please see the booklet “Getting Court Orders for Protection from Abuse and Harassment” for more information about what the court may order in your OFP.

(Back to Contents)

CONCLUSION

This booklet was designed to help you understand your rights and responsibilities as a parent.   A child has a right to be taken care of by both parents. The child does not lose these rights when the parents are not married.  Once paternity is established, both parents have both rights and responsibilities as described in this booklet.

For information about related topics, please refer to the following booklets published by the Minnesota Legal Services Coalition: Getting a Divorce, Child Support Basics and Getting Court Orders for Protection from Abuse and Harassment.

(Back to Contents)

More Resources

Legal Aid Offices in Minnesota Listed by County

County Office Client Referral Number
Aitkin LASNEM - Baxter (800) 933-1112
Aitkin (Mille Lacs Band of Ojibwe) MMLA - Cambridge (800) 622-7772
Anoka ANOKA - Blaine (763) 783-4970
Anoka (LSC) CMLS – Minneapolis (612) 334-5970
Anoka (seniors only) MMLA - Cambridge (800) 622-7772
Becker LSNM - Moorhead (800) 450-8585
Beltrami LSNM - Bemidji (800) 450-9201
Benton CMLS – St. Cloud                          (800)  622-7773
Benton MMLA - St. Cloud (888) 360-2889
Big Stone CMLS – Willmar (800) 622-4011
Big Stone MMLA - Willmar (888) 360-3666
Blue Earth SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Brown SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Carlton LASNEM - Duluth (800) 622-7266
Carver (LSC clients) SMRLS - Shakopee (651) 222-4731
Carver (seniors) SMRLS - Shakopee (651) 222-4731
Cass LASNEM - Baxter (800) 933-1112
Chippewa CMLS - Willmar (800) 622-4011
Chippewa MMLA - Willmar (888) 360-3666
Chisago CMLS – St. Cloud (800) 622-7773
Chisago MMLA - Cambridge (800) 622-7772
Clay LSNM - Moorhead (800) 450-8585
Clearwater LSNM - Bemidji (800) 450-9201
Cook LASNEM - Duluth (800) 622-7266
Cottonwood SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Crow Wing LASNEM - Baxter (800) 933-1112
Crow Wing (Mille Lacs Band of Ojibwe) MMLA - Cambridge (800) 622-7772
Dakota (family law) LADC (952) 431-3200
Dakota (LSC clients) SMRLS - Shakopee (651) 222-4731
Dakota (seniors only) SMRLS - St. Paul (651) 222-4731
Dodge SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Douglas LSNM - Alexandria (800) 450-2552
Faribault SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Fillmore SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Freeborn SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Goodhue SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Grant LSNM - Alexandria (800) 450-2552
Hennepin CMLS - Minneapolis (612) 334-5970
Hennepin MMLA - Minneapolis (612) 334-5970
Hennepin (Mille Lacs Band of Ojibwe) MMLA – Cambridge (800) 622-7772
Houston SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Hubbard LSNM - Bemidji (800) 450-9201
Isanti CMLS – St. Cloud (800) 622-7773 
Isanti MMLA - Cambridge (800) 622-7772
Itasca LASNEM - Grand Rapids (800) 708-6695
Jackson SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Kanabec LASNEM - Pine City (800) 382-7166
Kanabec (60 and over) MMLA - Cambridge (800) 622-7772
Kandiyohi MMLA - Willmar (888) 360-3666
Kandiyohi CMLS - Willmar (800) 622-4011
Kittson LSNM - Moorhead (800) 450-8585
Koochiching LASNEM - Grand Rapids (800) 708-6695
Lac qui Parle CMLS - Willmar (800) 622-4011
Lac qui Parle MMLA - Willmar (888) 360-3666
Lake LASNEM - Duluth (800) 622-7266
Lake of the Woods LSNM - Bemidji (800) 450-9201
Le Sueur SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Leech Lake Reservation ANISHINABE - Cass Lake (800) 422-1335
Lincoln CMLS - Willmar (800) 622-4011
Lincoln MMLA - Willmar (888) 360-3666
Lyon CMLS - Willmar (800) 622-4011
Lyon MMLA - Willmar (888) 360-3666
Mahnomen LSNM - Bemidji (800) 450-9201
Marshall LSNM - Moorhead (800) 450-8585
Martin SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
McLeod SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Meeker CMLS - Willmar (800) 622-4011
Meeker MMLA - Willmar (888) 360-3666
Mille Lacs CMLS - St. Cloud (800) 622-7773
Mille Lacs MMLA - St. Cloud (888) 360-2889
Mille Lacs (Mille Lacs Band of Ojibwe) MMLA - Cambridge (800) 622-7772
Mille Lacs (seniors only) MMLA - Cambridge (800) 622-7772
Morrison CMLS - St. Cloud (800) 622-7773
Morrison MMLA - St. Cloud (888) 360-2889
Morrison (Mille Lacs Band of Ojibwe) MMLA - Cambridge (800) 622-7772
Mower SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Murray SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Nicollet SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Nobles SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Norman LSNM - Moorhead (800) 450-8585
Olmsted LAOC (507) 287-2036
Olmsted SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Ottertail LSNM - Alexandria (800) 450-2552
Pennington LSNM - Moorhead (800) 450-8585
Pine LASNEM - Pine City (800) 382-7166
Pine (Mille Lacs Band of Ojibwe) MMLA - Cambridge (800) 622-7772
Pine (60 and over) MMLA - Cambridge (800) 622-7772
Pipestone SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Polk LSNM - Moorhead (800) 450-8585
Pope LSNM - Alexandria (800) 450-2552
Ramsey SMRLS - St. Paul (651) 222-4731
Ramsey (Mille Lacs Band of Ojibwe) MMLA – Cambridge (800) 622-7772
Red Lake LSNM - Moorhead (800) 450-8585
Red Lake Reservation ANISHINABE - Cass Lake (800) 422-1335
Renville CMLS - Willmar (800) 622-4011
Renville MMLA - Willmar (888) 360-3666
Rice SMRLS – Rural Intake/Hotline Proj. (888) 575-2954
Rock SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Roseau LSNM - Moorhead (800) 450-8585
Scott (LSC clients) SMRLS - Shakopee (651) 222-4731
Scott (seniors only) SMRLS - Shakopee (651) 222-4731
Sherburne CMLS - St. Cloud (800) 622-7773
Sherburne MMLA - St. Cloud (888) 360-2889
Sibley SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
St. Louis (north) LASNEM - Virginia (800) 886-3270
St. Louis (south) LASNEM - Duluth (800) 622-7266
Stearns CMLS - St. Cloud (800) 622-7773
Stearns MMLA - St. Cloud (888) 360-2889
Steele SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Stevens LSNM - Alexandria (800) 450-2552
Swift CMLS - Willmar (800) 622-4011
Swift MMLA - Willmar (888) 360-3666
Todd CMLS - St. Cloud (800) 622-7773
Todd MMLA - St. Cloud (888) 360-2889
Traverse LSNM - Alexandria (800) 450-2552
Wabasha SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Wadena (no seniors) LSNM - Alexandria (800) 450-2552
Wadena (seniors only) MMLA - St. Cloud (888) 360-2889
Waseca SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Washington LAWC (651) 351-7172
Washington SMRLS - St. Paul (651) 222-4731
Watonwan SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
White Earth Reservation ANISHINABE - Cass Lake (800) 422-1335
Wilkin LSNM - Moorhead (800) 450-8585
Winona SMRLS - Rural Intake/Hotline Proj. (888) 575-2954
Wright CMLS - St. Cloud (800) 622-7773
Wright MMLA - St. Cloud (888) 360-2889
Yellow Medicine CMLS - Willmar (800) 622-4011
Yellow Medicine MMLA - Willmar (888) 360-3666

(Back to Contents)

Minnesota Voluntary Recognition of Parentage Information and Form

Click Here to view the form.

Minnesota Father's Adoption Registry Questions and Facts

Click Here for these common Questions and Answers

Table of Citations 

How parent/child relationships are established (What is paternity?)

Minn. Stat. §257.54

Fathers right to parenting time and custody

Minn. Stat. §257.54 subd. 3 

Birth Certificates

Minn. Stat. § 257.73 - birth records

What is the ROP and what is the legal significance?

Minn. Stat. § 257.75 subd. 1

Minn. Stat. § 257.75 subd. 3

           
Recognition of Parentage: (ROP)

*MN Family Law Practice Manual (20.11).

Minn. Stat.§256.87.

See Packer v. Holm, 364 N.W.2d 506 (Minn.Ct.App.1985).

Minor Parent signing Recognition

Minn. Stat. § 257.75 subd 3

State vs. Serfert 1998 WL 612912 (unpublished 1998) 

Does signing the ROP give Custody or Parenting time rights?

Revocation and Vacation

                  Minn. Stat. § 257.75 subd 2 - revocation

                  Minn. Stat. § 257.75 subd. 4 - action to vacate  

Can I have a lawyer represent me? What if I can’t afford a lawyer?

* MN Family Law Practice Manual (20.13)

 Minn. Stat. §259.69. subd.1       

Blood or Genetic Tests

*MN Family Law Practice Manual (20.09).

10 Fam. L.Q.247 (1976).

Benson v. LaBatte, 288 N.W.2d 684 (Minn.1979)

Child Support, Medical Support and Childcare Support

Minn. Stat. § 257.66 subd. 3 - Judgement/order in parentage

Minn. Stat. § 518A. 34-35

Minn. Stat. § 518.A. 41

Child Support

Pitkin v. Gross, 385 N.W.2d 367 (Minn. Ct. App.1986).

Jevning v. Cichos, 499 N.W.2d 515 (Minn. Ct. App. 1993).

Minn. Stat. § 518A. 26-78 

Who decides what the child’s last name will be?

Application of Saxton, 1981, 309 N.W.2d 298.  

If the parties do not agree about custody and the court must decide.

Minn. Stat.§518.17

Minn. Stat.§257.02

Rights and responsibilities of each parent when paternity was established by both parents signing an ROP

Minn. Stat. § 257.541

Minn. Stat. § 257.541 subd 3

Minn. Stat. §518.156

Minn. Stat. §257.541 subd 3 and Minn. Stat. § 518.17

Our Recognition of Parentage (ROP) was signed and we are now going to a child support hearing before a magistrate.  Can that magistrate make some decisions about custody?

Minn. Stat. §257.541 Subd 3

Minn. Stat. §484.702 

What happens with parenting time when a court decides paternity?

Minn. Stat. § 257.66 subd 3                                                      

Minn. Stat. § 518.175 subd 1  

Restricted or Supervised Parenting Time       

Minn. Stat. §518B.01

What is an OFP?

Minn. Stat. §518B.01 subd 6(a) (4)

Minn. Stat. §257.541                

May I apply for an OFP against my child’s other parent and ask for custody?

Minn. Stat. §518B.01.subd 6(a) (4)

Minn. Stat. §518.175

May I ask for child support in an OFP?

Minn. Stat. §518B.01 subd 6 (a) 5 


(Back to Contents)

Published by

Minnesota Legal Services Coalition

Midtown Commons Building

2324 University Avenue West, Suite 101B

St. Paul, MN 55114

www.mnlegalservices.org

www.lawhelpmn.org


(Back to Contents)