2007 Minnesota Statutes

257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF
MARRIAGE.
    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 sections 257.51 to 257.74, or until custody is determined in a separate
proceeding under section 518.156.
    Subd. 2. Father's right to parenting time and custody. (a) If paternity has been
acknowledged under section 257.34 and paternity has been established under sections 257.51
to 257.74, the father's rights of parenting time or custody are determined under sections 518.17
and 518.175.
(b) If paternity has not been acknowledged under section 257.34 and paternity has been
established under sections 257.51 to 257.74, the biological father may petition for rights of
parenting time or custody in the paternity proceeding or in a separate proceeding under section
518.156.
    Subd. 3. Father's right to parenting time and custody; recognition of paternity. If
paternity has been recognized under section 257.75, the father may petition for rights of parenting
time or custody in an independent action under section 518.156. The proceeding must be treated
as an initial determination of custody under section 518.17. 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.
History: 1983 c 308 s 3; 1987 c 403 art 3 s 96; 1990 c 574 s 3; 1Sp1993 c 1 art 6 s 34;
2000 c 444 art 2 s 6