This text of Minnesota § 257.541 (CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Subdivision 1.Mother's right to custody.
The biological mother of a child born to a mother who was not married to the child's father when the child was born and was not married to the child's father when the child was conceived has sole custody of the child until paternity has been established under sections257.51to257.74, or until custody is determined in a separate proceeding under section518.156.
Subd. 2.Father's right to parenting time and custody.
(a)If paternity has been acknowledged under section257.34and paternity has been established under sections257.51to257.74, the father's rights of parenting time or custody are determined under sections518.17and518.175.
(b)If paternity has not been acknowledged under section257.34and paternity has been established under sections257.51to257
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Subdivision 1.Mother's right to custody.
The biological mother of a child born to a mother who was not married to the child's father when the child was born and was not married to the child's father when the child was conceived has sole custody of the child until paternity has been established under sections257.51to257.74, or until custody is determined in a separate proceeding under section518.156.
Subd. 2.Father's right to parenting time and custody.
(a) If paternity has been acknowledged under section257.34and paternity has been established under sections257.51to257.74, the father's rights of parenting time or custody are determined under sections518.17and518.175.
(b) If paternity has not been acknowledged under section257.34and paternity has been established under sections257.51to257.74, the biological father may petition for rights of parenting time or custody in the paternity proceeding or in a separate proceeding under section518.156.
Subd. 3.Father's right to parenting time and custody; recognition of paternity.
If paternity has been recognized under section257.75, the father may petition for rights of parenting time or custody in an independent action under section518.156. The proceeding must be treated as an initial determination of custody under section518.17. The provisions of chapter 518 apply with respect to the granting of custody and parenting time. An action to determine custody and parenting time may be commenced pursuant to chapter 518 without an adjudication of parentage. These proceedings may not be combined with any proceeding under chapter 518B.