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Paternity

A paternity action is used to determine the biological father of a child born out of wedlock and can be commenced by the mother of the child or the male asking to be acknowledged or adjudicated the father under Minnesota law. District Attorneys also have the authority under Minnesota law to bring an action against a likely father to establish paternity. This is done to obtain reimbursement for public assistance provided to the mother.

A putative father has the right to request genetic testing to determine if he is the father of the child. Even if the parties are certain, it is almost always a good idea to have genetic testing done to provide proof that the proper father has been adjudicated.

Once a father has been adjudicated, he has the right to seek custody and visitation with the child. The father also has the obligation to assist by paying child support and contributing to day care and medical expenses.

Under Minnesota law, a mother or the County can also request that a father pay child support retroactively for two years prior to the date the paternity action is commenced. Additionally, once the father has been adjudicated, the child obtains rights to inherit and receive other benefits provided by law.

Paternity actions can be very complex. Since the County does not actually represent the mother in a paternity action, it is important for both mother and putative father to consult with an experienced family law attorney to make sure their respective rights are protected.