Child Custody for Unmarried Parents

At Atticus Family Law, we understand the unique legal landscape for unmarried parents facing the child custody process in Minnesota, and we provide the compassionate guidance you need to secure a stable and loving future for your child. We’re here to turn your stress into confidence and create a clear path forward.

Establishing Paternity: The First Step

For unmarried parents, the first and most critical step in any custody or parenting time case is legally establishing paternity. Until paternity is established, a father does not have legal rights to custody or parenting time.

• How do I establish paternity? In Minnesota, paternity can be established in two primary ways. The simplest method is for both parents to sign a Recognition of Parentage (ROP) form, which is often done at the hospital when the child is born. If that doesn’t happen, either parent can file a court action to have paternity legally determined, which may involve genetic testing.

Once paternity is legally recognized, the court can make orders regarding custody, parenting time, and child support.

Understanding Your Custody and Parenting Time Rights

After establishing paternity, the court will determine custody and parenting time based on the best interests of the child. It’s a common misconception that courts favor mothers; Minnesota law is gender-neutral and focuses solely on what is best for the child.

• How is custody decided for unmarried parents? The court considers the same factors for unmarried parents as it does for divorcing couples. These include the child’s relationship with each parent, each parent’s ability to provide care, and the child’s adjustment to their home and school.
• What’s the difference between legal and physical custody?
  • Legal Custody: This refers to the right to make major decisions for your child, such as those concerning education, healthcare, and religious upbringing.
  • Physical Custody: This determines where the child lives and who is responsible for their daily care.

Often, parents share joint legal custody, while one parent may have sole physical custody with the other having a defined parenting time schedule.

Trusted Guidance at Your Side

The legal process for establishing custody can feel overwhelming, but you don’t have to navigate it alone. The attorneys at Atticus Family Law create personalized strategies that protect your parental rights while always prioritizing your child’s well-being. We listen to your story, understand your priorities, and work tirelessly to achieve a resolution that provides stability for your family.

We’ll help you understand your rights, gather the necessary information, and represent you with skill and compassion at every step. Our goal is to empower you to build a positive co-parenting relationship and a bright future for your child.

If you are an unmarried parent embarking on the child custody process, we are here to help. Schedule a consultation today to discuss your situation and learn how we can support your family.