legal rights of fathers and child support

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wife217

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My husband is listed as the father on his son's birth certificate. Does anything else need to be done in MN for him to share legal custody of his son? Neither physical or legal custody has been decided by the court, as both parents have shared responsibilities since their son was born. They were never married though if that makes a difference. Their relationship is pretty stable and open, but once in a while she will threaten to move out of state and take their son with her. If he has joint legal custody could she still move?

Also, He pays child support through the county and also pays for medical expeses and insurance. When the amount of child support was determined, he was making less than he is now, and the amount he pays has not increased. However, we have his son much more often than he used to. He sleeps at our house every school night and about every other weekend (sometimes more) and the mother will have him a couple evenings a week. She is threatening to take my husband to court for more support. Does she have a chance to get more money for child support? Is there a chance we could pay less?

I'd appreciate and legal advice I can get. We are not interested in taking her to court, but we want to know where we stand if she wanted to take us to court.
 
I don't know about the birth certificate question. Usually the courts say he is the father if he signed it and if he has been the father for a long time. If he is making more money now then yes she can take him back to court and get child support raised. If she takes him to court you can tell the judge that you have him a lot of the time but I don't know if that would make a difference. They usually base it on income. If she decides to move then he can take her to court but a lot of the time the courts approve the move anyway especially if she has a job there. He would want to take her to court if she did move to establish a visitation schedule so he would still have visitation rights.
 
CS is generally based on income and how often you have the child.

It sounds like paternity has been established so he has rights.

If she happens to file for more child support, I would ask for more parenting time.

If your husband wants more parenting time regardless, he can file a motion in court.

The MN child support guideless website should be of some use to you. If she is threatening to move, she generally is required to give you notice, or file in court. That would give him time to file a response, or to request temp. custody. Every state has their own guidelines regarding this but it sounds like your husband might want to file a motion in court to get a geographic restriction added to the agreement.
 
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