Paternity Dispute?

Let Our Minneapolis and St. Paul Family Lawyer Clear Things Up

When a child is born out of wedlock, the husband is presumed to be the father of the child and paternity is automatically established. But if a child is born out of wedlock and the father’s name is not on the birth certificate, paternity must be established before the father has a legal right to custody or parenting time. A qualified St. Paul and Minneapolis family lawyer can advise you of the two ways to establish paternity.

Establishing Paternity

• Establish paternity by having both parents sign a Recognition of Parentage and file it with the Minnesota Department of Health. This statement is final, if the mother is not married to someone else and if both parents are at least 18 years of age.
• Establish paternity through a court order. You must use this method if more than one man claims to be the father of the child or if the mother is married to someone else when the child was born.

Genetic Testing

If there are extenuating circumstances preventing the parties from filing a Recognition of Paternity, the Court will look at all of the evidence available to make its determination. Though a genetic test such as a DNA test is not required to establish paternity, it is advisable for the purported father to contact a family law attorney and to have a DNA test done for the purposes of establishing paternity.

Consequences of Admitting Paternity

There are consequences of admitting paternity, and the father should contact a qualified St. Paul and Minneapolis family attorney prior to signing any documentation, especially if he is not 100 percent sure he is the father of the baby.

• The father will have a set schedule for visitation, if he does not have primary custody
• If the father is awarded primary custody, he will have to make the minor child available for visitation with the child’s mother
• Depending on whether the father has primary or secondary custody, he may have to pay child support for the minor child
• The father may be required to provide health and dental insurance for the minor child, if the mother cannot reasonably provide it. The amount paid for health and dental insurance is worked into the child support guidelines as part of child support

An experienced Minneapolis and St. Paul family lawyer at Steven H. Snyder & Associates can advise a purported father of his rights regarding paternity, paternity testing, visitation, custody and child support issues in a paternity case. If you are being accused of being the father or if you are the mother trying to establish paternity, please contact our Twin Cities family law firm now.