In Minnesota, unwed parents can execute a Recognition of Parentage (ROP and pronounced as “rope”) at the birth of a child. A ROP is a sworn statement by both parents that the man is the father of the child. Many parents believe that once a ROP is signed that both parents have equal rights in the child. This is not true. Rather, if a child is born outside of the marriage, the Mother maintains full legal and physical custody until a Court Order states otherwise. This leads many to ask why the option to execute a ROP even exists.
The ROP provides the basis for a father to ask for custody and parenting time without needing to submit to a DNA test. A DNA test would be required if the parents disagreed on who the father of the child is. It also allows for Child Support to be pursued without the need for a DNA test (again assuming the parents disagree on who the biological father is).
So what is the benefit of getting a Court Order versus simply signing a ROP?
I have provided the below chart to help outline the differences.
|
|
ROP |
Court Order |
|
Custody |
Custody (physical and legal) remain with the Mother |
Awards a parent or both parents custody (legal custody, physical custody or a combination of both) |
|
Parenting Time |
Parenting time not a right for the Father. Remains with Mother. |
Court can award a parenting schedule that both parents must follow. |
|
Child Support |
Allows child support to be pursued through Court action. |
Sets a monthly child support obligation that is enforceable. |
|
Enforceability |
No enforceability in Court. |
Parents must follow the Court Order and may face repercussions for failure to do so. |
It is best to think of a ROP as a starting point if the parents will eventually need a Court to intervene. It is not required, though, to start a Court action.
Understand that custody and parenting time can be agreed on by the parties without having a Judge make the decision for them. Parents can have attorneys memorialize an agreement to be submitted to the Court for final approval.
If you have any questions regarding a Recognition of Parentage, please call me today at 952-800-2025 or reach out via our online contact form to set up your free consultation.
