How Does Custody in Mineesota Work When Your Child is Born out of Wedlock?

April 1, 2013  |  Elizabeth A. Schading

Family law in Minnesota isn’t just about divorce. It’s about all kinds of issues that impact all kinds of families.
The fact that some children are born out of wedlock is just simple reality. It’s also reality that the fathers of these children might sometimes want custody of them, or at least access to them.
We say “fathers” because there’s no custody issue for unwed mothers. Under Minnesota law a mother who has a child out of wedlock has sole legal and physical custody of that child until and unless a court issues a custody order which says otherwise.


Child support is a reality also, and it’s not dependent on marriage.

The courts can be expected to make decisions based on their perception of the best interests of the children. The children of unmarried parents are just as protected as the children of married parents.
Some fathers seek legal protection before the relationship fails. They may, for example, seek to file a joint custody petition while living with the child’s mother.
Paternity has to be legally determined before a father has rights to children born out of wedlock. This is accomplished by a Recognition of Parentage statement which both parents have to sign, or a Judgment of Paternity.
If you are facing a legal battle regarding the parentage & parenting time of your child; it’s a good idea to contact a family law attorney as soon as possible in order to protect the interests of both you and your child.
Contact BGS today. We have more than 80 years of combined legal experience handling these and other difficult family law issues. We can help you take the most sensible steps and to present the best possible case given your unique circumstances.