Divorce for Dads
According to Minnesota law, when a child is born out of wedlock
(the parents are not married to each other) the mother is
automatically awarded sole legal and sole physical custody (Minn.Stat.
§257.541, subd. 1). This
means that the mother has complete control over the child, and the
father literally has no rights whatsoever. As a result, the
father has no right to parenting time with the minor child, or to
have any input with regard to how the child is going to be raised.
The father also has no obligation to provide monetary
support for the child, although the law does allow a Court to establish
a retroactive child support obligation dating back up to twenty-four months
from when the motion seeking child support is initiated (which typically
creates an instant arrearage in the father's child support obligation). Consequently, for a father to obtain parenting time or custody of his children he needs to initiate a paternity proceeding, or custody proceeding. The same laws which govern custody rights and parenting time in marital dissolution cases apply in paternity proceedings (Minn.Stat. §257.541, subd. 2, 3).
The material and opinions provided by the Nygaard & Longe Law Office on this website, by telephone, or in consultation are provided for informational purposes only and do not constitute the establishment of an attorney-client relationship. An attorney-client relationship is established only by the execution of a retainer agreement with the Nygaard & Longe Law Office. The Nygaard & Longe Law Office is not responsible for the content of, or information provided by, linked sites.
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Links to State of Minnesota Statutes and Forms:
Minnesota's Child Support Calculator
Child Support Modification Forms
Minnesota's Child Support statute (Chapter 518A)