Legal Question in Family Law in Minnesota

Rights of non-biological father

After a paternity test shows the alleged �dad� is not the father of a young child, what rights could he still possibly have over a 5 year old?

Currently court has not been involved in any aspect.

If he wanted to still be a part of the child�s life, would the court allow it or will full legal/physical custody be turned over to the mother?

Could the child�s last name be changed at that point when paternity tests shows that the �dad� is not the biological father?


Asked on 8/09/07, 2:21 pm

1 Answer from Attorneys

Michael Paul Cundy & Paul, L.L.C.

Re: Rights of non-biological father

The "dad" who finds out that he is not the biological father can still petition for custody or visitation if he had already established a relationship with the child. Custody will be more difficult if the mother is able to care for the child, since the court will always give preference to a biological parent. Please contact me. I need further information in order to provide you with a more detailed answer to your questions.

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Answered on 8/09/07, 2:45 pm


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