Establishing Paternity is Imperative to Protect Your Rights in Minnesota. There are two methods for establishing paternity/parentage. The first method is through the Recognition of Parentage. This is a document signed by the parents at the time of the minor child’s live birth. If the Recognition of Parentage was not signed, the second method is to file a motion to the court. This will allow a paternity test (DNA test) to determine parentage.
Recognition of Parentage (ROP)
At the time of birth, both parents may agree to establish parentage by signing a Recognition of Parentage form. This form is a voluntary legal document that must be:
- Signed by both parents,
- Notarized, and
- Filed with the Minnesota Department of Health
Once filed, the Recognition of Parentage establishes the parent’s (father’s) right to pursue child custody, parenting time, and child support. The parent does not have to prove parentage through a paternity test. The Recognition of Parentage does not automatically grant the parent (father) child custody, parenting time, and/or child support. Instead, custody, parenting time, and child support can only be addressed through court proceedings. It also establishes the other parent’s (mother’s) right to pursue child support.
Court-Ordered Paternity Action
If either parent disputes paternity and no signed Recognition of Parentage exists, a paternity test must be requested. Paternity must be established through the test. The test must be completed. This process may include:
- Filing a petition in family court,
- Genetic (DNA) testing,
- A court hearing, and
- A judicial determination of paternity
Once the court establishes paternity, the court may issue orders regarding child custody, parenting time, and child support.
Who Can File a Paternity Case in Minnesota?
Paternity actions can be filed by:
- The child’s mother,
- The other parent,
- The child (through a legal guardian), or
- The County Attorney’s Office (if the child receives public assistance).
What Happens After Paternity Is Established?
After paternity is legally recognized, the court may also decide:
- Legal Custody – The right to make major decisions about the child’s upbringing.
- Physical Custody – Where and with whom the child primarily lives.
- Parenting Time – A schedule of time the child spends with each parent.
- Child Support – Financial support based on Minnesota’s child support guidelines.
Once paternity is established, the Court may proceed with evaluation of custody and parenting time by determining what is in the best interests of the child, using the 12 statutory factors outlined in Minnesota law (Minn. Stat. § 518.17).
Challenging Paternity
If paternity was acknowledged through Recognition of Parentage, either parent can revoke it. This revocation must be requested within 60 days of signing the document. Either parent has this right. After that, to challenge paternity, one must file a motion in court. This motion must show fraud, duress, or a material mistake of fact. It must also present other circumstances existing at the time of signing.
Paternity cases in Minnesota are legal proceedings an unmarried biological parent of a minor child may commence. They establish legal rights pertaining to child support. They also address legal and physical custody and parenting time.
Paternity
Paternity refers to the legal recognition of an unmarried parent (generally the father) of a minor child. Without a court-recognized determination of paternity, the unmarried parent’s right and the rights of the minor child regarding child support are potentially non-existent.
Signing a Recognition of Parentage does not necessarily establish the right to legal custody, parenting time, or child support. Signing a Recognition of Parentage is only the first step toward establishing these rights. A court order identifying parentage is necessary before rights are granted.
Establishing paternity/parentage in Minnesota offers several benefits:
- Parental Rights – permits the parent seeking establishment of paternity/parentage the right to pursue court-ordered custody and parenting time of the minor child.
- Child Support – enables either parent or state to seek child support.
- Access to Benefits – The minor child may receive benefits through the parent, such as: health insurance, inheritance, Social Security, veteran’s benefits, and other benefits.