Any time a child is born out of wedlock, Minnesota law states that it is the mother who has both sole legal and physical custody of that child. A father wishing to obtain sole or joint custody must have a court order.
If you are a father seeking visitation rights with your child and you and the mother are not married, you must go to court to file a paternity action. Your Plymouth family law attorney can file this action on your behalf. You can receive assistance from everything ranging from parenting time to child support that is being demanded of you. It is very important that the rights of both parents are protected, but the best interest of the child does come first, which is something that all parties can agree upon.
The Rights Of Fathers
There are many cases of two people living together and having a child. It is when the couple splits that the relationship with the children and each other can become challenging. Such issues come up that include visitation and child custody, as well as child support since it is the father that leaves and the children remain with the mother. The father then usually finds that he has limited access to his children and in some cases, he may have no access at all because the mother forbids him to. The only way the father can obtain rights to his children is through court action.
Also in order for the father to have rights, he has to prove that he is the father and this can be done through DNA testing or by a simple agreement between both parties that he is the father. Once this identification takes place, the father has the right to seek parenting time according to a schedule that is enforceable. This schedule must be regular and the father may also be required to pay child support.
The Rights Of Mothers
If you are the mother and you are seeking child support from the person who you state is the father of your child, your Plymouth divorce lawyer can help you file a paternity action. Once the father has been located and paternity is established through an agreement or DNA testing, the court may order him to pay child support. In the meantime, the father may seek visitation rights or custodial rights.
Plymouth Family Law Attorney
If you are a father seeking rights to your children or you are a mother wishing for the father of your children to pay child support, the Burns Law Office can help you. You need an attorney that knows family law and can use it in your favor. You also deserve a satisfactory outcome to your case so that you are satisfied and the children are happy. To schedule your free initial consultation, call us today at (952) 898-6834 or fill out the form on this page to learn about your rights and to review the possible outcomes in your case.