Custody of Illegitimate Children

(by Eric C. Nelson, Esq.)

In Minnesota, the determination of custody for children born out of wedlock is no different than the determination of custody for children of marriage — both are decided pursuant to the “best interest of the child” standard set forth in Minnesota Statute section 518.17.

It is important to understand, however, that until a custody order is issued, the mother of a child born out of wedlock has sole legal and sole physical custody by operation of law.¹

Also, the father of a child born out of wedlock generally has no standing to obtain custody until paternity has first been legally established. This may be accomplished by means of a Recognition of Parentage signed by both parties,² or by means of a Judgment of Paternity.³

*This information is general in nature. It is not to be taken as specific advice for your particular case. This information applies only to Minnesota law, and not to the law of any other state or country.

1 Minnesota Statute section 257.75, Subdivision 3.

2 Minnesota Statute section 257.75, Subdivision 3.

3 Minnesota Statute section 257.66.