In Minnesota, the determination of custody for children born out of wedlock is no different than the determination of custody for children of marriage - both are decided pursuant to the "best interest of the child" standard set forth in Minnesota Statute section 518.17.

It is important to understand, however, that until a custody order is issued, the mother of a child born out of wedlock has sole legal and sole physical custody by operation of law.¹

Also, the father of a child born out of wedlock generally has no standing to obtain custody until paternity has first been legally established. This may be accomplished by means of a Recognition of Parentage signed by both parties,² or by means of a Judgment of Paternity.³

¹ Minnesota Statute section 257.75, Subdivision 3.
² Minnesota Statute section 257.75, Subdivision 3.
³ Minnesota Statute section 257.66.

Eric C. Nelson has devoted his practice exclusively to family law, with particular focus on divorce and child custody matters, including, but not limited to post-decree modification of custody. Eric has successfully handled hundreds of cases of divorces (both contested and uncontested), child custody, child support, spousal maintenance, parenting time, out-of-state moves, domestic abuse, harassment, and other miscellaneous family law matters, both in and out of court. Mr. Nelson has been praised by clients for a respectful attitude, promptness and honesty.

He can be contacted by phone at (612)321-9402 or or Visit Web Site