According to state law, a father is granted parental rights and responsibilities only under specific circumstances. While there are presumptions regarding married couples, an unmarried individual must take additional steps to be formally recognized as a parent.

A Mankato paternity lawyer can assist with this process. Depending on the relationship between the parents, there are several options for establishing paternity. A seasoned family attorney can help you explore potential legal action and ensure your parental rights are protected.

How To Establish Paternity

Under state law, a person has two options for determining the identity of a father. They may either present a document known as the Recognition of Parentage or participate in court proceedings.

Recognition of Parentage

When there is no dispute regarding paternity, the unmarried parents of a child may sign a document called the Recognition of Parentage. This document is typically signed at the hospital shortly after the child’s birth, although it can also be signed at a later date.

The Recognition of Parentage is a sworn statement that identifies the father of the child. Once signed, it must be filed with the Minnesota Department of Health to take effect. If the mother is unmarried and over the age of 18, paternal recognition is considered final once submitted to the government.

This approach is the most cost-effective; however, it is only available when both parties agree on paternity. Both individuals must voluntarily sign the document for it to be valid.

Paternity Adjudication

The second option for establishing the paternity of a child involves court proceedings, known as paternity adjudication. This process begins when either the mother or the alleged father files a petition in state court.

Paternity disputes are often resolved through DNA testing. If the father and child have a genetic link, the court will generally issue an order recognizing their parentage. Once the formal order identifying the father is issued, the father is granted the rights and obligations associated with being a parent.

A Mankato paternity attorney can review the specific circumstances of a case and recommend the best approach for a favorable outcome.

Presumption of Paternity for Married Parents

For cases involving married parents, there is a presumption of paternity. This extends beyond when the parents are married at the time of the child’s birth. For instance, if a widow or divorced woman gives birth within 280 days of the end of her marriage, the former spouse is presumed to be the father.

However, a person may challenge this presumption. While the courts may assume paternity, anyone questioning the father’s identity may file a petition with the court to resolve the issue, often through DNA testing.

Both spouses have the right to file a petition. If the judge discovers that the husband is not the father, he will be freed from the legal rights and obligations of parenthood, including child support and visitation.

A Mankato father’s rights lawyer can help a spouse gather the necessary evidence to establish paternity and, if necessary, advocate for their rights in court.

Seek the Services of a Mankato Paternity Attorney Today

Every relationship is unique, and formally establishing paternity can be challenging without determined legal counsel. An attorney can assist in taking the necessary legal steps to protect parental rights and effectively manage a paternity claim.

Reach out to a Mankato paternity lawyer today to discuss your case.