Legal Question in Family Law in Minnesota

I am a single mother of a minor child. The father of the child has been trying to get joint legal and physical custody, which I agree with. I have signed papers for joint, but nothing has been filed, i'm also paying child support even though we have 50/50 parenting time. Since we have nothing established for custody in the state of Minnesota isn't the mother legally have full custody of the child until papers are filed with the court? I also was not ever married to my sons father or to anybody for that matter.


Asked on 2/25/10, 4:31 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

If no court order has been issued, then, bey default, the mother is considered the legal custodial parent. However, that would not preclude the father from commencing an action and seeking an ex parte order returning the child to his care.

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Answered on 3/09/10, 9:39 pm


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