Finding out you’re pregnant is a huge life change. It can bring up all sorts of emotions and make you rethink what you want for your future. If you are in an unhappy, unfulfilling or unhealthy marriage, you might be wondering if divorce is an option.
The answer is yes, and you should understand how Minnesota laws protect and impact your situation.
Understanding paternity laws
In Minnesota, the law automatically assumes the husband (or non-biological parent in a same-sex couple) is a legal parent when determining paternity of a child born to a married couple. If your baby is born within 280 days of your divorce, the law still presumes your ex-spouse is the legal parent.
However, if you divorce before the child is born or doubt parentage, you may need to establish paternity legally. This process is fairly straightforward:
- File a paternity acknowledgment form.
- Undergo a DNA test if necessary.
- Obtain a court order if either party disputes paternity.
Establishing paternity helps secure the rights and responsibilities of both parents.
Child custody considerations for newborns
Minnesota courts decide child custody and parenting time based on what is best for the child. For newborns, this often means ensuring the baby has a strong bond with a primary caregiver, which is often the mother. However, the court will also consider the father’s role and ability to care for the child.
Factors that can influence custody decisions include:
- Each parent’s ability to provide a stable and nurturing environment.
- The mental and physical health of each parent.
- Any history of domestic abuse or neglect.
- The child’s needs and wishes (as the child gets older).
Keep in mind that in Minnesota, judges favor parents working together and creating a co-parenting relationship that promotes the child’s best interest.
Co-parenting before the baby arrives
Even before your baby is born, you and your spouse can start to co-parent. You can keep the other parent informed about prenatal appointments, share information about the pregnancy and discuss plans for the baby’s arrival.
Working together, even in a limited way, can set the stage for a more cooperative co-parenting relationship after the baby is born. If it is not safe or healthy for the two of you to interact, consider working through attorneys or other intermediaries.
Divorcing during pregnancy can be challenging, but understanding your options can help you move forward confidently. New beginnings often arise from the end of one chapter, and they can lead to a healthier and happier life for you and your child.