Legal Question in Family Law in Minnesota

Biological fathers rights vs husbands

My husband and I seperated about 18 months ago for various reasons. Approximately 9 months after our seperation I became involved with a man (we'll call him Jack) and almost immediately became pregnant by him. My daughter (and Jacks) is now 3 weeks old. He and I are no longer together for various reasons and we will not ever be getting back together.I signed the ROP. Jack has not.To my understanding it'll have to go thru the courts IF he decides to do so. Can he (Jack) still attempt to fight for his custodial rights or parental rights if my husband refuses to sign the non parenting statement? From what I've been told by the medical recorder at the hospital, my husband has up to 1 yr after my daughters birth to sign this but he doesn't HAVE to sign it since we are technically still married. Is this true? Can he be forced to sign? What rights or actions can Jack take? Jack claims he has 3 yrs to sign the ROP and fight for his rights. Is this also true?

Asked on 1/30/04, 6:39 pm

2 Answers from Attorneys

Maury Beaulier Attorney at Law

Re: Biological fathers rights vs husbands

Thank you for the emessage.

Any child born during a marriage is presumed to be the child of the husband and wife. This is true unless another person signs the ROP and an affidavit is field by the husband disclaiming paternity.

The biological father may always seek to establish paternity and his parenting rights. The only way to avoid that possibility is to terminate his parental rights and have your husband adopt.

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Answered on 2/02/04, 8:55 am
David Kelly-952-544-6356 Kelly Law Office

Re: Biological fathers rights vs husbands

Let me say this in addition to what Mr. Beaulier has already said. It sounds to me as if Jack is correct about having three years to proceed. I had a case a few years ago involving a situation similar to yours, and at that time there was a three year statute of limitations on the boyfriend's right to proceed on a paternity action. I'm not sure, but I suspect that this limiation only applies in situations where there is another presumptive father such as a husband.

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Answered on 2/02/04, 12:17 pm

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