In the state of Minnesota, there are two types of child custody. The two forms of custody concerning a child are physical custody and legal custody. Legal custody refers to a parent’s legal right and responsibility to make important decisions regarding their child’s upbringing. These decisions include choices regarding their child’s education, health, religion, and overall welfare.
Legal custody may either be sole legal custody or joint legal custody. Sole legal custody refers to an arrangement where only one parent has the authority to make all major decisions regarding the child. Joint legal custody refers to an arrangement where both parents have equal or shared rights to make decisions regarding the child.
Physical custody refers to the right of a parent to have physical possession of their child. In other words, physical custody determines who the child resides with and for how long they reside with that parent.
In general, when a child primarily resides with one parent more than the other, then the parent with greater physical custody is known as the primary custodial parent. Being named primary is also often important for other purposes, such as determining primary residence and taxes.
It is important to note that child custody laws in Minnesota differ between married and unmarried parents. In Minnesota, if a child’s parents are unmarried at the time of the child’s birth, the mother automatically has both sole physical and legal custody rights over the child.
This is true regardless of if the father’s name is on the birth certificate. Further, the automatic custodial rights of the mother will remain in place until a court orders otherwise. As such, a father will not have the right to make important decisions about the child’s life or where the child resides.
In other words, unmarried fathers have extremely limited rights in cases where the parties are unmarried at the time of the child’s birth. If the father wishes to gain parental rights and responsibility, such as custody of their child, he must petition the court for such rights.
All of this is because paternity is not automatically established in Minnesota when the parents are unmarried. However, once paternity is petitioned for and established by the father, the father may then seek to pursue custody of their child in cases of separation from the child’s mother.
The simplest way for a father of a child to establish paternity is by signing a Recognition of Parentage (“ROP”) form and filing it with the Minnesota Department of Health’s Office of Vital Records. This form can be completed immediately after the child’s birth or at a later time. If the mother contests paternity, the father may petition the court to establish paternity.
Can an Unmarried Father Take a Child from the Mother?
Whether an unmarried father can take a child from their mother in Minnesota depends on the facts and circumstances of each case. Historically, family laws were stacked against fathers who sought sole physical and legal custody of their children. However, both state family laws and courts have now become more unbiased as to their perspective on granting a father legal or physical custody of their child.
It is important to first note that child custody decisions in Minnesota will always be based on the child’s best interest standard. The child’s best interest standard is a legal standard that prioritizes a child’s welfare over the wishes and desires of the child’s parents.
This means that what is considered to be best for the child will always be placed over the wants and needs of the parents involved. In fact, family law courts in Minnesota will only make custody decisions based on what is best for the child. Specifically, the best interests of the child standard in Minnesota are outlined in Minnesota Statutes Section 518.17.
Examples of common factors used in evaluating a child’s best interest when it comes to determining custody in Minnesota include:
- The physical, emotional, cultural, spiritual, and other needs of the child
- The wishes of the parents regarding custody and parenting time
- The wishes of the child, if the child is old enough to express a preference
- The relationship between each parent and the child
- The child’s adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Any history of domestic abuse
- Each parent’s willingness to support the child’s relationship with the other parent
In cases where there is evidence of domestic violence or domestic violence in the household by the mother of the child, then the unmarried father may be granted sole physical and legal custody of the child. Further, if there is evidence of child abuse by the mother, then the father may also have evidence necessary to take the child.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
As far as what will likely happen if there is a custody battle between unmarried parents, the child custody laws for unmarried parents in Minnesota will be utilized to determine custody. For instance, if paternity has not been established for the father, then the custody of the child will automatically go to the mother by default, as noted above.
However, if paternity has been established, then the child’s best interest standard factors listed above will be utilized by the court to determine what custody arrangement is in the child’s best interest.
In general, it is presumed to be in the best interests of a child to spend equal time with both of their parents. This means that joint physical and legal custody is often presumed to be in the child’s best interests and a favored arrangement by judges and juries. However, this presumption is rebuttable.
A local attorney in Minnesota is often necessary in order to ensure that your legal rights as a parent are protected during a custody fight. A lawyer can help a parent avoid a lengthy and expensive custody battle and help find a custody arrangement that works for their client.
What Are Some Other Issues That Unmarried Parents May Experience?
There are many issues that unmarried parents may experience when it comes to a custody battle. Overall, the biggest issue that will cause issues for unmarried parents would be unestablished paternity.
Without establishing paternity, a contested child custody case will be a complicated and often drawn-out matter. This is because the father will often have to take court action or be ordered to take action in order to determine paternity through court-ordered DNA testing. After that entire process is completed, then the custody battle will resume, often with more upset parties.
Establishing paternity is also important for a variety of other matters concerning a child, such as tax implications, decision-making for the child, and setting up child support. In Minnesota, the primary custodial parent generally has the right to receive financial support in the form of child support from the non-custodial parent. This is true regardless of whether or not the parents are married.
Another common issue is if one of the unmarried parents lives outside of Minnesota. Under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), the court that has jurisdiction in child custody matters is the child’s home state.
Under the UCCJEA, if a child is born in Minnesota, that is considered their home state. However, if the child has lived in a different state for six or more months, then Minnesota may no longer have jurisdiction over the custody case.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you are an unmarried parent in Minnesota and are experiencing issues related to child custody, it is advised that you immediately consult with an experienced Minnesota child custody lawyer. LegalMatch can assist you with setting up a legal consultation with an experienced attorney in your area.
A lawyer will be able to advise you as to what your best course of legal action is when it comes to protecting your parental rights and establishing custody. Further, they will also be best suited to helping you adhere to Minnesota’s specific laws and guidelines regarding child custody.
An attorney can also ensure your child’s best interests are being protected while also ensuring that your parental rights are protected throughout any custody battle. Finally, a child custody lawyer will also be able to represent you in court as needed.
