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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 sections 257.51 to 257.74, or until custody is determined in a separate proceeding under section 518.156.
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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.
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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.
Notes of Decisions
Cited in
32
cases (
4 in the last 5 years), 1984–2025 · leading case:
Beardsley v. Garcia, 753 N.W.2d 735 (Minn. 2008).
Beardsley v. Garcia, 753 N.W.2d 735 (Minn. 2008).
· cites it 58× “The court granted in part and denied in part Garcia's request for parenting time, awarding him parenting time with D.G. for 2 hours each weekend at a supervised facility.”
Heidbreder v. Carton, 645 N.W.2d 355 (Minn. 2002).
· cites it 8× “See Minn.Stat. § 257.541, subd. 1 (2000) (providing that birth mother who is not married to child's father at time of conception or birth has sole custody of child until paternity is established in a judicial proceeding).”
Morey v. Peppin, 375 N.W.2d 19 (Minn. 1985).
· cites it 11× “Minn.Stat. § 257.541 (1984). At the same time section 257.”
Beardsley v. Garcia, 731 N.W.2d 843 (Minn. Ct. App. 2007).
· cites it 10× “See Minn.Stat. § 257.541, subd. 3 (2006) (providing that ROP father may bring independent action under Minn.”
Witso v. Overby, 627 N.W.2d 63 (Minn. 2001).
· cites it 4× “as provided in Minn.Stat. § 257.541, subd. 2(b) (2000). Whether he is ultimately granted any such rights is not before us.”
In Re the Welfare of H.K., 455 N.W.2d 529 (Minn. Ct. App. 1990).
· cites it 4× “772, § 40; see also Minn.Stat. § 257.541, subd. 2 (1988) (for child of unmarried parents, parental rights are determined under sections 518.”
Latourell v. Dempsey, 518 N.W.2d 564 (Minn. 1994).
· cites it 6× “Under Minn.Stat. § 257.541, subd. 2(b), where paternity has not been acknowledged under section 257.”
Hagen v. Schirmers, 783 N.W.2d 212 (Minn. Ct. App. 2010).
· cites it 2× “Minn.Stat. § 257.541, subd. 2(a) (2008). Father complains that the district court erred by misapplying (1) the statutory standard permitting the child’s removal by the custodial parent to another state, Minn.”
Spaeth v. Warren, 478 N.W.2d 319 (Minn. Ct. App. 1991).
· cites it 4× “Minn.Stat. § 257.541, subd. 2 (1990). Minn.”
Sharp v. Bilbro, 614 N.W.2d 260 (Minn. Ct. App. 2000).
· cites it 4× “After an initial paternity determination, subsequent custody-related motions are determined under Minn.Stat. § 257.541 (1998). Minn.Stat. § 257.”
De Guardado v. Guardado Menjivar, 901 N.W.2d 243 (Minn. Ct. App. 2017).
· cites it 2× “See Minn. Stat. § 257.541 , subd.. T (2016) (outlining the custodial rights of a biological mother that is not married to the father when the child is conceived or bom).”
Pitkin v. Gross, 385 N.W.2d 367 (Minn. Ct. App. 1986).
· cites it 4× “Custody and visitation and all subsequent motions related to them shall proceed and be determined under section 257.541. The remaining matters and all subsequent motions related to them shall proceed and be determined in accordance with chapter 518.”
— Minn. Stat. § 257.541(2) — 1 case
— Minn. Stat. § 257.541(2)(a) — 2 cases
Morey v. Peppin, 375 N.W.2d 19 (Minn. 1985).
“Minn.Stat. § 257.541 (1984). At the same time section 257.”
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