Williams Divorce and Family Law

Gerald O. Williams, Attorney

Minnesota Paternity Information

How do I establish paternity if I am not married to the mother of my child?

When a child is born to a couple that is not married, it is important for both parents to sign off on a Recognition of Parentage form, for custody and parenting time purposes, as well as for child support purposes. A father's right to custody or parenting time is established easily by a Recognition of Parentage, whereas without a Recognition of Parentage, the father is more likely to need genetic proof of paternity. More information on the Recognition of Parentage process is available at the Minnesota Courts website.

Do I need a lawyer to deal with custody or parenting time issues if I am not married to the other parent of my child?

Having legal advice and representation in paternity cases can be vital. Paternity cases are those that involve children whose parents are not married. In many ways, a paternity case proceeds in the same manner as a case involving divorced or divorcing parents. The family court encourages alternate dispute resolution, but the family court will also preside over trials in paternity matters.

These days it is rather uncommon for there to be a dispute over the identity of a child’s father. When such disputes do arise, genetic testing is used to determine paternity. Genetic testing requires blood samples from the child, the mother and the father.

Commonly, unwed parents sign a Recognition of Parentage form when the child is born. A Recognition of Parentage signed by the parents provides both parents with the right to seek custody of, and/or parenting time with, the child.