Compassionate And Experienced Family Lawyer In Elk River, Sherburne County, MN

Minnesota courts decide child custody and the division of parenting time, considering whether both parents desire a role in their child’s life. Parenting time is not a consideration where a parent doesn’t want to spend or hasn’t spent time with the child.

Suppose there are problems in the home, such as substance abuse or domestic violence. In that case, the court may order an evaluation by a mental health professional or attorney to determine what parenting arrangement would be in the child's best interests.

Minnesota statute offers guidelines for the “best interest of the child” when determining custody. Some relevant factors include:

• The needs of the child - physical, emotional, cultural, religious, educational, medical
• The physical, mental, and economic ability of the parent to care for the child
• The willingness and ability of the parents to provide and care for the child
• The willingness of the parents to cooperate and communicate with each other, resolve disputes and minimize conflict for the benefit of the child
• Whether domestic abuse has occurred in the home
• The preferences of the child

What Is Paternity Law, And How Does It Affect Unwed Fathers?

Paternity law concerns the legal establishment of an unwed father’s paternity to secure his rights as a parent. An unwed father’s name can only be added to his child’s birth records once paternity is established.

A father’s paternity can be established in two ways in Minnesota:

• By both parents’ voluntary filing of a Recognition of Parentage (ROP) Form or
• A paternity court action

If both parents sign the ROP form, the father’s name will be added to the child’s birth certificate. If you doubt you’re the father or know you’re not the father, don’t sign the ROP form; take a DNA test.

While the form establishes paternity, it does not legally establish parental rights or responsibilities, such as custody, parenting time or child support. Those are determined by court action. Until there is a court action, the mother retains full custody. During that court action, a court order will dictate any changes to parental rights.

Part of the court action involves genetic testing of the father and child. Without a DNA test to establish paternity, an unmarried father lacks any legal rights possessed by the birth mother. The test is done by swabbing cheek cells from the father and child. The results of DNA tests are highly conclusive and accurate.

With the help of a trusted, proven family lawyer, make custody and co-parenting decisions that consider and prioritize your child’s best interests.

Divorce and custody negotiations can be painful and protracted, even when the parties are amenable to a constructive resolution. That’s why choosing an affordable family lawyer with experience is so important.

Informed by her extensive career in law enforcement, legal aid and family law practice, Kathleen Gomez has helped many clients like you negotiate their co-parenting rights and responsibilities effectively. Her thorough knowledge of family law will translate to your understanding of your legal options and how to protect your rights.

Whatever your family law issue - divorce, child custody, timesharing or paternity - choose Kathleen Gomez for her track record, compassion and commitment to represent your family’s rights.

Call the law office of Kathleen Gomez today at (763) 284-5552 for a consultation.