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Custody FAQs

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If someone signs a Recognition of Parentage (ROP) at birth do they have legal custody rights to the child?

No. The ROP establishes the legal father but the mother is presumed to have all legal custody rights until established otherwise through a court order.  The parties may either agree upon an arrangement and submit a Stipulation and Order to the Court or they may file a Motion in the court system.

May I move out of state with the children?

Minnesota Statute 518.175, subd. 3(b) now governs this request.  More specifically, it provides us with the standard the court must use when considering the request of a parent to move the children out of state.  It applies 8 "best interest" factors.

  1. the nature, quality, extent of involvement, and duration of the child's relationship with both parents;
  2. the age, developmental stage, and needs of the child and the impact the move may have on the child's physical, educational, and emotional development;
  3. the feasibility of preserving the relationship with the non-moving party;
  4. the child's preference;
  5. whether the person seeking to move has a pattern of promoting or thwarting the relationship with the non-moving party;
  6. whether the relocation will enhance the general quality of life for both the moving party and the child, including, but not limited to, financial or emotional benefit or educational opportunity;
  7. the reasons of each person seeking or opposing the move; and
  8. the effect on the safety and welfare of the child.

If you have questions about filing for divorce in Minnesota, please contact our Minneapolis divorce attorneys today at (763) 746-4045 or fill out our on-line contact request form.


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Jonathan Fogel
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Phone: (612) 822-6244


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