Legal Question in Family Law in Minnesota


My daughter was going through a divorce when she conceived and gave birth to her youngest son, who is now 4 mos old. Thus, her ex is listed as the legal father on the birth cert. Her current fiance' is the father (and he is supporting my daughter and his baby..and also her kids from her ex) and they cant locate the ex to sign a non paternity form. If her fiance takes a paternity test to prove hes the father would that be sufficient to change the birth certificate without the ex's cooperation?

Asked on 1/06/09, 1:41 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: paternity

She must file an action to disclaim paternity and/or establish paternity of the real father. As part of that proceeding, she must seek to locate the purported father. if she cannot locate him, she can seek to serve him by "substitute service" by filing a Motion with the Court.

There are time limitations with respect to disclaiming paternity. As a result, time is of the essence.

For Minnesota issues visit divorce or call 612.240.8005.

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Answered on 1/07/09, 1:24 pm
Dennis Felix Felix Law Office, P. A.

Re: paternity

You will need to take action to determine nonpaternity under Minn. Stat. 257. You have a time limitation so act.

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Answered on 1/06/09, 2:17 pm

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