[MN] [MN] For unmarried parents, how is custody determined?
My daughter goes to school where her father resides and we were never married. Who has full custody in the state of MN?
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In Minnesota, when unmarried parents sign an ROP, the father gets legal recognition but not automatic custody or parenting time rights. The mother has sole legal and physical custody by default unless a court says otherwise. Since there’s no custody order in place, you technically still have full custody even if your daughter is staying with her father.
If he now wants shared or full custody, he would need to petition the court, and the judge would decide based on the child's best interests.
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My daughter goes to school where her father resides and we were never married. Who has full custody in the state of MN?
Lexi, Chatbot
I understand that custody issues can be very stressful. Can you tell me if there is currently any existing custody agreement or court order in place regarding your daughter?
No formal agreements have been made.
Lexi, Chatbot
Have you and the father of your daughter had any discussions about custody arrangements or parenting time?
Informally yes.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your custody issue.
Yes.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Have you legally established paternity for your daughter in Minnesota, such as by signing a Recognition of Parentage or through a court order?
We signed a Recognition of Parentage at the hospital.
Legal Eagle
Thanks for letting me know about the ROP. Since you're in Minnesota, could you tell me a bit more about the informal custody arrangements you and the father have discussed? For example, how do you currently share parenting time?
We agreed to try and keep everything fair. I’ve moved 2 hours away up north due to my current partner’s work and agreed to have her finish school where we both reside and she was supposed to move up with me after school was over. He has changed his mind and stated she’s staying with him for the school year and me for the summer.
Legal Eagle
I see, that sounds like a challenging situation. Have you considered or are you planning to take any legal steps to formalize custody arrangements, given the change in your daughter's living situation?
Legal Eagle
In Minnesota, when unmarried parents sign an ROP, the father gets legal recognition but not automatic custody or parenting time rights. The mother has sole legal and physical custody by default unless a court says otherwise. Since there’s no custody order in place, you technically still have full custody even if your daughter is staying with her father.
If he now wants shared or full custody, he would need to petition the court, and the judge would decide based on the child's best interests.
Our informal custody arrangements had to switch to him having her for the school year since she had just started kindergarten, and we both agreed to not have her switch schools in the middle of the year. He has changed his mind on having her move with me after the year was over and continues to argue over having her during the school year, and I would have her during no school and holidays and weekends that I am off work or if I planned on taking vacation to see her/have her. And the same would apply to him during the summer. There’s no set time or days that we are requiring for our daughter to be with the other parent.
I am looking to formalize our arrangements with the courts since he continues to change our agreements to only benefit him.
Legal Eagle
I hear you! Since there’s no court order in place, you still have sole legal and physical custody under Minnesota law, even though your daughter lives with her father during the school year. The informal agreement was meant to be temporary and balanced, but he's now pushing for a one-sided arrangement that limits your time.
Because he keeps changing terms without your consent, it’s smart to formalize custody and parenting time through the court to protect your rights and create a stable plan for your daughter. The court will look at the best interests of the child, not just what's convenient for him.
How do I start the process of getting her back and making everything formal?
Legal Eagle
I hear you! You’ll need to file a custody and parenting time petition in the Minnesota district court where your child lives or where the original Recognition of Parentage was filed. This will ask the court to establish legal and physical custody, a formal parenting schedule, and possibly child support. Once filed, the court may require mediation or a custody evaluation before issuing an enforceable order.
Can I switch her school since she is supposed to be with me?
Legal Eagle
If there’s no court order stopping you, then yes, as the legal custodian, you can switch her school. However, if the father objects and files for custody or parenting time, the court will decide based on what’s best for your daughter, including school stability. Changing schools without an agreement could hurt your position if a custody case follows. To protect your rights and your daughter’s best interests, it’s better to file with the court first before making major changes.
Thank you, I am satisfied with my answers.
Legal Eagle
Sure! I hope I’ve provided the information you were seeking. If you need more help, please let me know so I can continue to assist you.
Legal Eagle
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