Rochester Minnesota
Divorce & Family Attorney
How Can We Help You
Rochester Minnesota Paternity Lawyer
Paternity in Minnesota
Paternity is legal proceeding to determine the identity of the biological father of the child.
A husband is automatically deemed to be the father of a child conceived or born during the marriage. A husband whose wife conceives a child with another man while the parties are still married should contact a Rochester Minnesota paternity attorney to fill out the appropriate non-paternity papers for the child, otherwise he will be continue to be deemed the legal father of the child.
If the parties were never married, the mother receives automatic custody of the child at its birth. There are two ways for the biological father to come forward and establish himself so that he can be granted rights to custody and parenting time, as well as the responsibilities of child support:
- By signing a Recognition of Parentage (ROP)
- By Filing a Paternity Action in Court
Recognition of Parentage
A Recognition of Parentage (ROP) is a document that both parents sign under oath stating that the man is the child’s father. To be valid, a ROP must meet the following criteria:
It must be filed with the Minnesota Department of Health;
The mother must not be married to someone else; and
The parents must be at least 18 years old.
Sometimes the ROP is signed at the hospital as soon as the child is born. However, since a ROP can be signed at any time, it may be helpful to contact a Paternity Attorney to fully understand the responsibilities associated with the signing of this document.
Paternity Action
The second way to establish paternity for an unmarried biological father is through a paternity action. These actions often come up where there are questions as to who the father of the child is, when the mother was married to someone else when the child was born, or when the father is simply uncooperative. Sometimes these paternity actions are started by the county’s child support office so that they can establish and collect child support on behalf of a mother who is receiving public assistance. In some cases, the father may need to undergo a DNA test. However, this is not always necessary.
After paternity is established, the matter proceeds as any other custody matter and the court will decide the following three issues:
Rochester Paternity Law Firm MN
At our law firm we work with mothers as well as the men who are alleged, potential, or presumed fathers on all aspects of establishing and determining paternity and non-paternity. Whether it is the asserting of the father's rights or the establishment child custody and support payments we find the solution that best fits our client’s needs.
Request a Free Consultation
If you have additional questions about Paternity in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.
