It is important to understand that in the wake of a divorce, a number of questions may come to light, including matters related to child custody, paternity, property division and spousal support.
However, in cases when a child is involved in the matter, the divorce settlement may turn out to be a complicated affair. Disputes regarding the payers and payees of child support may hinge on establishing the paternity of a child. With that in mind, Minnesota laws have very clear guidelines to resolve such matters.
Under state laws, the term “parent and child” carries with it certain legal responsibilities related to duties, responsibilities and obligations. The word ‘parent’ in this context includes both the mother and the father of a child.
According to the law, to qualify as a biological father, certain conditions must be met. To begin with, the father must have been married to the mother during the period in which the child was born or at least within 280 days of the termination of that marriage.
The law may also hold a man to be the biological father of the child if he has welcomed the child into his home and has openly declared him to be his biological child. In the best possible scenario, Minnesota law maintains the position that the biological father could be one who, along with the child’s mother, has declared his paternity in writing, undersigned by both the mother and the father and has filed it with the State Registrar of Vital Statistics.
An attorney can help men understand when they will be considered a parent of a child and further help to explain the obligations that come along with that role.
Source: ChildWelfare.gov, “The Rights of Unmarried Fathers,” Accessed on Oct. 23, 2014