Legal Question in Family Law in Minnesota

Paternity in Minnesota when parties are not married and both minors

My 15 year old daughter has a baby that is 2 months old. She does not want the father or his family involved in the child life. He did not sign anything and his name is not on the birth certificate. His whole family is a line of criminals and are frequently in jail. Can she stop him from trying to extablish paternity? What if I (The mother of the 15 year old and grandma of the baby) adopt the baby and still have my daughter maintain legal rights?


Asked on 12/11/08, 11:19 am

2 Answers from Attorneys

J. Chris Carpenter Harvey and Carpenter

Re: Paternity in Minnesota when parties are not married and both minors

If he attempts to establish paternity, you can't stop him.

If your daughter seeks any sort of public assistance (MFIP, medical assistance, day care assistance, food stamps), the county will seek to establish paternity so that they can get $$ reimbursement from the father.

If he establishes paternity, you could argue to a judge that he should not have any parenting time with the child. However, this will be determined by his track record, not by his family's history.

You might be able to adopt your granddaughter, but I'm not certain how that would play out. If you adopt her, your daughter will lose her legal rights to the child. You need to consult with an attorney to decide whether this approach makes any sense.

Herbert C. Kroon/507/625/3000

Attorney at Law

Chesley, Kroon, Harvey & Carpenter

[email protected]

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Answered on 12/12/08, 2:20 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Paternity in Minnesota when parties are not married and both minors

A father may always seek to establish paternity and assert his rights to custody and/or parenting time. Child support would also be determined at that time. You cannot prospectively terminate someone's parental rights before they have demonstrated an incapacity to be a parent.

For Minnesota issues visit divorceprofessionals.com

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Answered on 12/11/08, 4:09 pm


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