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Minn. Stat. § 257.541

CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE.

Known as the Parentage Act

The act spans §§ 257–257 (51 sections).

Applied in 22 court decisions — leading case Morey v. Peppin (1985)

Most recently applied in De Guardado v. Guardado Menjivar (September 2017)

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

How often courts cite this section

1984199020002010201730
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.