The Purpose of Establishing Paternity
Establishing paternity is important. A father has no right to custody or parenting time until paternity is established. Moreover, a child has no right to child support until paternity is established.
Custody Issues
The mother of a child has sole physical and legal custody until a court decides otherwise. If there is a paternity hearing, the court will decide custody, child support and parenting time in the same manner if it were a divorce - based on the best interests of the child.
How Paternity Is Established
There are two ways to establish paternity. The first involves a Recognition of Parentage, while the second involves a court order.
Recognition of Parentage
With a Recognition of Parentage, both parents sign a sworn statement that the man is the child's father. A ROP is only valid when it is filed with the Minnesota Department of Health. If the mother is not married to someone else, and the parents are at least 18 years old, this statement of paternity is final. A ROP can be done at any time. It is best to speak with a lawyer before you sign it, to learn how it will affect your rights.
Evidentiary Hearing
Sometimes the court must decide paternity. One parent may not want to sign a ROP, or more than one man may claim to be the father, or the mother may have been married to someone else when the child was born. The court will look at the evidence, including genetic tests and the past relationship between the mother and the possible father. You can ask for a genetic test but you do not have to have one to establish paternity.
Timelines
If the parents are married, the husband is thought to be the father of the child. If the husband or wife wants to start a court case to deny paternity, then, in some cases, they must start it before the child turns three.
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