Paternity

A court judgment naming the legal father of a child. Once a person is "adjudicated" the legal father, they are required to financially support the child and can ask the court for custody and parenting time rights.

A person who might be the biological father of a child, based on testimony or other evidence. An alleged father can become the legal father after an adjudication of paternity.

A payment made by one parent to the other parent for the purpose of supporting the child. Each legal parent is required to financially support their child. When parents do not live together, one parent may be ordered by the court to pay child support to the other parent. Child support can be addressed in a separate child support case, or in a custody, divorce, or paternity case. Child support is usually paid monthly and can be taken out of your paycheck. For more information, visit the Child Support Help Topic.

A judicial officer who makes decisions in Expedited Process (or “Ex Pro”) child support cases. Child Support Magistrates hear testimony, accept exhibits, and issue orders in ex pro cases. Child Support Magistrate orders can only address child support-related issues. In a paternity case, a magistrate can also make orders on custody and parenting time based on the agreements of the parties involved.

There are two types of child custody under MN law. See the definitions for "legal custody" and "physical custody" below for more information about each.

A special way of handling certain child support cases in MN. When a parent or child receives government benefits, or when one parent asks the county for help getting child support from the other parent, a paternity or child support case is handled through the family court’s “expedited process.” Ex Pro cases have different rules and timelines than other family court cases. The process allows for child support issues to be addressed more quickly. Usually county attorneys and child support workers are involved, and magistrates make decisions instead of judges or referees.

Testing that is generally done using a saliva sample from the parties to show the likelihood of a biological relationship between an alleged father and child. The court will often order genetic testing in a paternity case.

The right to make decisions about a child’s religion, schooling, medical treatment, or where they live. A legal father can ask the court for custody rights. How to ask depends on whether the parties have been to court before, and what happened in those cases. For more information, visit the Custody and Parenting Time Help Topic.

Someone who has legal rights and duties to provide and care for a child. Mothers are automatically established as legal parents. However, in situations where the parents are not married, fathers must either have paternity adjudicated by the court or voluntarily complete a Recognition of Parentage form to be considered a legal parent. When a child is born during a marriage, the husband is presumed to be the legal father.

A family court case that can address the following issues: adjudication of legal father, child support, the child’s legal name, custody, and parenting time.

The right to live with and provide day-to-day care for a child. A legal father can ask the court for custody rights. How to ask depends on whether the parties have been to court before, and what happened in those cases. For more information, visit the Custody and Parenting Time Help Topic.

An official state form that can be used to establish the legal relationship between a father and his child when the child’s parents are not married. If two parents sign a Recognition of Parentage, a paternity case is not required. Custody, parenting time, and child support can be addressed by opening a custody case.