Legal Question in Family Law in Minnesota
A father's rights?
If a man signs a right of parentage at birth of his son; which gives rights to the mother as the main guardian, however, she is not sufficient and the father takes the baby for almost 11 months with her occasionally once a week having only spent 3 nights in those 11 months with the child, what chance does he have in a custody battle? He has hit her once after she assulted him first. She did not buy anything for the child in all 11 months, she did not pay one bill, she did not give him child support. She than calls the sheriff and has him taken from his father due to her right and he is not allowed to see his son unless he talks with her about what he is going to do in court? Along with this she is telling the child his daddy does not love him enough because he will not talk with her. He could hug his daddy if he would talk to her before his lawyer. What rights do I have!!!!!
2 Answers from Attorneys
Re: A father's rights?
The answer to your question may depend, to a degree, on the county you live in. Some counties are more liberal than others.
Generally speaking, you have a very good chance of obtaining custody. If there has been no prior formal determination of custody by a court or an administrative Judge in a child support proceeding, a determiniation of custody is based on what is in the best interests of the minor child. For a full discussion of custody and custody evaluations, please visit our website and reciew the custody articles at DivorceProfessionals.com
Re: A father's rights?
Under Minnesota statues Chapter 518, any interested party can begin a custody and visitation proceeding. Sounds as if you are an "interested party."
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