| Custody FAQs |
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If someone signs a Recognition of Parentage (ROP) at birth do they have legal custody rights to the child?
No. The ROP establishes the legal father but the mother is presumed to have all legal custody rights until established otherwise through a court order. The parties may either agree upon an arrangement and submit a Stipulation and Order to the Court or they may file a Motion in the court system.
May I move out of state with the children?
Minnesota Statute 518.175, subd. 3(b) now governs this request. More specifically, it provides us with the standard the court must use when considering the request of a parent to move the children out of state. It applies 8 "best interest" factors.
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Jonathan Fogel is the host of Family Affairs on FM107, a show on the issues that face divorcing couples. Click here for recent recordings and more information.