Saint Paul Family Law Blog

You hear a lot about fathers’ rights nowadays. But if you are a Minnesota dad, you likely have questions about just what these are and how they affect you.

FindLaw explains that fathers’ rights refer to the legal rights you have with regard to your children. They include the following:

• The right to establish legal paternity of your children if you were not married to their mother at the time of their birth
• The right to have input into decisions about family planning, abortion, adoption, etc.
• The right to have access to your children’s medical and school records
• The right to take parental leave should you need it for child-related reasons such as a medical emergency
• The right to have reasonable parenting time with your children in the event of a divorce
• The right to obtain joint or full custody of your children in the event of a divorce

As a father, your complete and valid recognition of parentage form does not automatically qualify you for visitation with your children. However, it is still an important document. Think about it this way: In Minnesota courts, your ROP would probably represent a starting point for custody and visitation discussions. It would not be the final word on the subject.

If you do not already have one of these forms signed by you and your co-parent, now may be a good time to do so. This is especially true if you believe that the mother of your child would be amenable to signing the form. Please continue reading for discussions of a few of the finer points of this subject.

Modifying a child custody agreement in Minnesota is not an easy task, and that is by design. The parties to a divorce, their attorneys and the courts cooperate to create an agreement that protects parental rights while serving the best interest of the child. Nevertheless, at Huson Law Firm we know that life is subject to constant change, and an alteration to your circumstances, which may be beyond your control, can necessitate a change to an existing child custody agreement. 

According to FindLaw, there are complex grounds for modifying a custody agreement, but some generalities include an emergency situation that puts the child at risk, a positive improvement for a child or a change in one or both parents' circumstances. More specifically, you may receive a job transfer to a position in another state, making it difficult if not impossible to fulfill the terms of the current arrangement, or you may have reason to believe that child abuse is taking place in the other parent's home, putting your child in danger. Whatever the circumstances, there must be a legitimate reason for the modification, and you must never seek one out of spite or malice. 

If you have been separated from your child in Minnesota, you may have wondered if DNA testing may help you find them. DNA testing has grown in popularity over recent years and many people take the test for different reasons. Some people are looking for medical history, particularly if they are unfamiliar with one or both sides of their biological family. Some others may wish to learn more about their racial and ethnic makeup or are just curious.

The good news is that this fascination with genetics may have resulted in your own child seeking a DNA test. According to Forbes, all DNA-testing companies draw from one unique database. This helps to make it possible for people to find not just their long-lost children, but other relatives they may have otherwise never met.