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. |
