Paternity
In Minnesota, paternity is established in one of two ways: (1) through a Recognition of Parentage or (2) by a court hearing or trial. The first method is a voluntary process, while the second involves a decision by a judge.
A Recognition of Parentage is an informal process in which both parents of a child sign a sworn statement that the man is the child's father. Such a document is final, unless cancelled within 30 days of execution. Otherwise, the parties are required to go to court to alter the Recognition.
In a contested paternity hearing, the Court will examine evidence, such as blood tests, genetic tests, and the past relationship of the parties.
Establishing paternity is important. A father has no right to custody or visitation until paternity is established. Moreover, the child has no right to child support until paternity is established. Support can include paying health insurance and medical and day care expenses. The support is set according to the Minnesota Child Support Guidelines, in much the same manner as a marital dissolution case.
The state will automatically withhold the child support from the father's income, unless the mother says not to. The father may also have to pay for expenses of the birth of the child.
If the parents were not married when the child was conceived or born, then the mother has sole physical and legal custody until a court decides otherwise. If there is a paternity hearing, the court will decide custody, child support and parenting time based on the best interests of the child - again the same as it would in a divorce.