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Patermity  

A paternity action is one brought to determine the biological father of a child born out of wedlock. It can be commenced by either the mother of the child or the male asking to be acknowledged or adjudicated the father under Minnesota Law. District County Attorneys also have the authority under Minnesota Law to bring an action against a putative or likely father to establish paternity. This is usually done to obtain reimbursement for public assistance that the County is providing or has provided in the past to the mother of the child.

In almost every case, a putative father has the right to request genetic testing to determine if he is the father of the minor child. Even if the parties are sure that the alleged male is the father of the minor child, it is almost always a good idea to have genetic testing done to provide piece of mind to both parents that the proper individual has been adjudicated.
Once a father has been adjudicated, he has the right to seek custody and visitation (parenting time) with the minor child. The father also has the obligation to assist in supporting the minor child in the form of paying child support and contributing to day care and medical support expenses of the child.

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 involved. 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.

 

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