Paternity
The purpose of a paternity proceeding is to judicially determine paternity and fix the parental rights and responsibilities. The parent and child relationship is the legal relationship existing between a child and his or her natural or adoptive parents, incident to which the law confers or imposes rights, privileges, duties and obligations [Minn. Stat. 257.52]. The relationship may exist regardless of the marital status of the parties.
A man is presumed to be the natural father of the child under ten circumstances as set out in the statute. A presumed father has the right to bring an action to declare the existence or non-existence of the presumed father and child relationship.
A natural mother who was not married to the child's father at the time of birth or conception of the child has sole custody of the child until paternity is established. If the paternity has been established, the father's rights of custody and parenting time are established under the same standards used in cases of dissolution, annulment, or legal separation. An adjudication of paternity carries with it an obligation to provide for the support of the minor child.
The district courts have jurisdiction over paternity actions. An action may be brought in the county in which the child or the alleged father resides or is found or, if the alleged father is deceased, in the county where probate proceedings have been or could be commenced.
If the putative father is a nonresident and the child was conceived outside of Minnesota, whether sufficient contacts exist for the Minnesota court to exercise personal jurisdiction depends on the number of times the defendant was in the state with the mother and whether the Minnesota visits were part of the continuing relationship of the parties.
An action to determine the existence (or nonexistence) of the father and child relationship may be brought by the child, by the natural mother, or by the man presumed, alleged, or alleging to be the father. In some situations, an action can be commenced by the public authority responsible for the support of the child, or a personal representative of the child, or a personal representative of the parents if deceased.
No paternity action may be brought if the child has been adopted.
Goldstein Law Office, P.A. is licensed to practice family law in the State of Minnesota: Hennepin County, Ramsey County, Dakota County, Anoka County, Carver County, Scott County, Washington County, Sherburne County, McLeod County and Wright County, Minneapolis, St. Paul, Minnetonka, Plymouth, Wayzata, Maple Grove, Hopkins, St. Louis Park, and surrounding Twin Cities suburbs.
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