Wiliams Divorce & Family Law Logo

NOT SURE IF WE CAN HELP?Request your free 30 minute consultOR CALL US AT 651-332-7650

  • Home
  • Our Staff
    • Attorney Gerald O. Williams
    • Paralegal Jocelyn Daul
  • Practice Areas
    • Alimony
    • Child Custody
    • Child Support
    • Collaborative Divorce
    • Divorce
    • International Custody
    • Interstate Custody
    • LGBTQIA+ Divorce & Custody
    • Mediation
  • Billing
    • Billing FAQ
    • Flat Fee Divorce
    • Flat Fee Mediation
  • Blog
  • Courts
    • Dakota County Family Courts
    • Hennepin County Family Court
    • Ramsey County Family Courts
    • Washington County Family Court
  • Clients
    • Make Payment
    • Secure File Upload
  • About Us
    • Contact Us
    • Directions to Williams Divorce and Family Law
    • Privacy Policy

Custody of a Child of Unmarried Parents

Posted by Gerald Williams 
· September 6, 2008 
· 3 Comments

From the time that a child of unmarried parents is born until a child custody order is issued by the family court, the mother has custody. As mentioned in a previous post, a Recognition of Parentage signed by both parents provides a basis for an unmarried father to obtain parenting time or custody of a minor child. However, a father who has signed a Recognition of Parentage form must obtain a court order (at a family court hearing, or by stipulation with the mother) for his parenting time or custody to be binding on the mother, and enforceable by the family court and other authorities, such as police officers.

The distinction that the mother has custody is moot if the mother and father are together. The legal conflict is most likely to arise when the couple separates. Obviously, before the couple separates, there is not the clear need for a court order designating custody and parenting time. Upon separation, the parent who does not have the child in his or her care, and who does not have the agreement and cooperation of the other parent, will need a court order to give him or her the right to access to the child.

3 Comments
Categories : Child Custody
Previous Post →
← Next Post

Comments

  1. maggie james says:
    August 27, 2009 at 3:45 pm

    My doughter is almost 2 and her dad(my EX) is taking me to court to fight me for a 50/50 custody. In the 2 years she has been alive she has lived with me there was 4 months that her dad and i tryed a 50/50 but i hated it and i stopped it for good reason this was a year ago.sence the 50/50 stopped we have gone back to everyother weekend 2nights a week and we share holidays.I must admit i am worried that he could get a 50/50.I also have 3 other children but there not with my ex and all 4 of my children are close to eachother. what are the chances that my ex will get what he is asking for?

    Reply
  2. alemu says:
    January 8, 2010 at 10:56 am

    I have a 3 year old daughter. Dad lives in the same state. We didn’t live together. We don’t have any custody or child support arrangements. I am thinking about moving to Virginia.
    1. Can I do that, legally?
    2. Is there any other option?
    Appreciate your advice

    Reply
  3. alemu says:
    February 2, 2010 at 2:05 pm

    Hi, I live in St. Paul, Minnesota and I have a 3 year old daughter outside marriage. I have separated from my boyfriend(her dad) for almost two years. We both work and child support was never the issue. None of us have legal custody over our daughter, but were sharing custody and now I wanted to leave the State of MN.
    1. Can I legally move without Dad’s or the courts permission?
    2. Can I be ordered to come back to MN, if dad files for custody?
    Thanks in advance!

    Reply

Leave a Reply Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent Posts

  • Summary Real Estate Disposition Judgment
  • Custody Evaluations
  • In Camera Interviews of Children
  • Guardians Ad Litem
  • Certificate of Dissolution

Categories

  • Alimony / Spousal Maintenance (8)
  • Child Custody (42)
  • Child Support (21)
  • Co-parenting (1)
  • Court of Appeals (2)
  • Divorce (45)
  • Financial Issues (2)
  • General Family Law (53)
  • Guardian ad litem (6)
  • Interstate issues (2)
  • Mediation (5)
  • Mental Health (3)
  • Parenting Plans (1)
  • Parenting Time (17)
  • Parenting time expeditor (3)
  • Same Sex Divorce (5)
  • Uncategorized (28)
  • Uncontested Divorce (6)
Copyright © 2023 Williams Divorce & Family Law All Rights Reserved. | Privacy Policy

The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams. Woodbury/St. Paul, Minnesota, attorney, Gerald O. Williams, represents clients in divorce and family law matters throughout the seven county metro area, including the communities of St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater. The seven county metro area includes Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.

Is court in person? Court Covid Update