How Are Custody Matters Determined in Same-Sex Families in Minnesota?

Minnesota does not recognize same-sex marriage. Of course there are still families of same-sex couples, and custody matters need to be decided. How do the courts in Minnesota determine these issues?

A couple is able to establish custody and visitation rights at any time, even if they are still in a relationship together. That can be helpful to set parameters and make sure both parties have rights in case something goes wrong in the relationship. However, if the parties are residing together, issues of parenting time and who is the custodial parent may not be determined.

Another solution is for the party who may not be the biological parent of the child to adopt. What happens if the parties do not plan ahead when they are involved in the relationship and do not have any parental rights to enforce in court?

An individual may be able to bring a request for custody and/or parenting time under Minnesota Statutes establishing third party custody. There are requirements for how long you were involved in the child’s life and what role you had in raising the child. If you meet the standards, you may still be able to get parenting time or custodial rights even though you are not recognized as the child’s parent under the law.

There are very technical requirements to be able to bring a third party custody matter. If you are interested in pursuing a third party custody case or have questions as to whether you may fit the statutory requirements, contact a family law attorney at Heimerl & Lammers today.