Parenting Time and Child Support for Unmarried Parents
When a child is born out of wedlock, Minnesota law states that the mother has sole legal and physical custody of the child. A father seeking to obtain joint or sole custody of the child must obtain a court order. If you are seeking custody or visitation rights of your child and are not married to the mother, you may first have to go to court and file a paternity action. Having an attorney to file that action is important.
From parenting time to child support, divorce attorney Todd Dwire understands the rights of both parents when there is no legal marriage. At Dwire Law Offices, P.A., in Lakeville, Minnesota, we offer a free initial consultation to discuss those rights with you.
The Rights of Unmarried Fathers
When two people live together and have a child, issues such as child custody and parenting time typically don’t arise unless and until the relationship ends. If the relationship does end, the father often finds that he has limited or no access to the children. The only way an unmarried father can obtain parenting time or custodial rights is through a court action. Establishing links of paternity from the father to his child can be done by means of DNA testing or by agreement between the parties.
Once you have been identified as the father of a child, you have the right to seek custodial rights and parenting time according to a schedule that is regular and enforceable. You may also be obligated to pay child support.
The Rights of Unmarried Mothers
If you are a mom seeking child support from someone, a lawyer can help you file a paternity action. Once the father of the child has been established by agreement or a DNA test, the court may order child support. The dad may also seek custodial and visitation rights at the same time.