1999 Minnesota Statutes

     257.541 Custody and visitation of children born outside 
  of marriage. 

    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 neither when the child was born 
 nor 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 visitation 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 visitation 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 
 visitation or custody in the paternity proceeding or in a 
 separate proceeding under section 518.156.  

    Subd. 3.    Father's right to visitation and custody; 
 recognition of paternity.  If paternity has been recognized 
 under section 257.75, the father may petition for rights of 
 visitation 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 
 visitation.  These proceedings may not be combined with any 
 proceeding under chapter 518B. 

    HIST: 1983 c 308 s 3; 1987 c 403 art 3 s 96; 1990 c 574 s 3; 
 1Sp1993 c 1 art 6 s 34