When parents are not married, determining child custody can be a complex and emotional process. Understanding how custody is determined and your rights as a parent is essential to ensuring the best outcome for your child.
At Burns & Hansen, P.A., we are experienced in child custody matters in the Twin Cities area, offering personalized guidance tailored to your family’s unique needs.
Understanding Child Custody for Unmarried Parents
Who Has Custody by Default?
In Minnesota, when a child is born to unmarried parents, the mother automatically has sole legal and physical custody until a court decides otherwise. This default arrangement is based on state law, assuming the mother is the primary caregiver.
However, the biological father has the right to establish paternity and seek custody or parenting time through the courts.
Steps to Establish Custody for Unmarried Parents
- Establishing Paternity
- Filing a Custody Petition
Before an unmarried father can request custody or visitation, paternity must be established. This can be done voluntarily by signing a Recognition of Parentage (ROP) form or through a court-ordered DNA test.
Once paternity is established, either parent can file a petition with the court to determine custody and parenting time. Minnesota courts make custody decisions based on the best interests of the child, considering factors such as:
- The child’s relationship with each parent
- Stability and continuity in the child’s life
- The mental and physical health of both parents
Types of Custody in Minnesota
- Legal Custody
- Physical Custody
Legal custody refers to the authority to make significant decisions about the child’s life, including education, healthcare, and religious upbringing. Joint legal custody is common, allowing both parents to share this responsibility unless the court determines otherwise.
Physical custody determines where the child lives. It can be sole or joint, depending on the arrangement that serves the child’s best interests.
Can Custody Agreements Be Modified?
Yes, custody agreements can be modified if there is a significant change in circumstances, such as a parent relocating or concerns about the child’s safety. At Burns & Hansen, P.A., our experienced attorneys can help you navigate these changes while protecting your parental rights.
How We Can Help You
Navigating child custody as an unmarried parent can be overwhelming. At the Minneapolis law offices of Burns & Hansen, P.A., we are committed to helping you secure a custody arrangement that works for your family. Our attorneys understand Minnesota’s custody laws and will provide you with the legal support needed to achieve the best outcome.
Contact Us Today for a Consultation
Whether you need help establishing paternity, filing for custody, or modifying an existing agreement, our team at Burns & Hansen, P.A. is here to assist. Contact us today to schedule an initial discussion and take the first step toward securing your child’s future.