In Minnesota, paternity can be established in two ways:

1. The parties can sign a Recognition of Parentage (ROP) and file it with the Minnesota Department of Vital Statistics, or;
2. By Court Order.

A ROP is a form the parties voluntarily sign.  No court action is necessary.  To get a Court Order establishing paternity, papers need to be filed in the local District Court where the child or the “defendant” lives.

If one of the parties is unwilling to sign the ROP, a paternity action may be necessary.  After filing of the paternity action, the Court will issue and Order requiring the parties to have DNA testing done and based on the results the Court will make findings as to parentage.

The court cannot order payment of child support, decide who has custody of the child, or set a parenting time schedule, until paternity has been established.  Therefore, in cases where no ROP has been signed and one of the parents is seeking custody, visitation, or child support, paternity actions are a vital first step.

Paternity actions can have long-term consequences, especially financially.  If you are attempting to establish paternity, you must make an adequate showing to the Court to have testing Ordered, and paternity later determined.  On the other hand, if you receive notice that a paternity action has been brought against you and you do nothing, your inaction may result in liability.  As such, it is important that you have the confidence of having knowledgeable attorney on your side, contact Frame Law, LLC today.