Ryan Alvar

You can file a joint petition for custody and finally gain the legal recognition every father deserves.

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First, in order to petition the court for custody in this instance, both parents (mother and father) must be in agreement and willing to work together. Additionally, a Recognition of Parentage (ROP) must be signed and filed with the Minnesota Department of Health for each child. This legally establishes paternity with the state.

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When a child is born in a Minnesota hospital, staff usually do a good job of having both parents sign a Recognition of Parentage (ROP), notarizing it, and filing it with the Minnesota Department of Health on your behalf. There's a good chance this was already completed at the time of birth — but if it happened a while ago, you may not remember or still have a copy on hand.

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One way to confirm whether a Recognition of Parentage (ROP) has been filed is to check your child’s birth certificate. If you are listed as the father on the birth certificate, then an ROP has already been filed with the state. If you don’t have a copy of the birth certificate, you can request one from any state or county vital records office.

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Yes — that’s absolutely correct, and it surprises a lot of people.

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Even if you're listed as the father on your child's birth certificate in Minnesota, that does not automatically give you legal or physical custody.

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Here’s why:

In Minnesota, when a child is born to unmarried parents, the mother has sole legal and physical custody by default, even if the father is on the birth certificate and has signed a Recognition of Parentage (ROP).

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The ROP:

• Establishes paternity, meaning the state recognizes you as the legal father

• Allows the child to receive benefits (like insurance, inheritance, etc.)

• Is necessary to petition the court for custody or parenting time

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But it does not:

• Give you custody

• Guarantee parenting time

• Allow you to make legal decisions for your child

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You still need to file a custody and parenting time action (like that Joint Petition you're working on) to be granted those rights.

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So yeah — crazy but true.

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Second, visit https://www.mncourts.gov/GetForms.aspx?c=4&p=121. This link will take you to the State of Minnesota’s official court forms page. Look for form CHC107 – Joint Petition for Establishing Custody, Parenting Time, and Child Support.  See also form CHC106 - Instructions - Joint Petition for Establishing Custody, Parenting Time, and Child Support to help you fill it out.

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Both parents must complete and sign CHC107 form together. You can download it and begin filling it out — but before you do, please read the important information below.

 

Notice, these forms are designed for situations where a child was born in Minnesota and parents signed and filed a Minnesota ROP. If the child was born in another state and you signed and filed that state’s voluntary paternity acknowledgment form, you should get legal advice before using these forms.

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When you file form CHC107 with the courts you will need a certified copy of the ROP for each child (or a copy of the certified copy). The Minnesota Department of Health’s Office of Vital Records has directions on their website for purchasing certified copies of the ROP: https://www.health.state.mn.us/people/vitalrecords/rop.html#getcopy1. The Office of Vital Records does not have a walk-in service. If you have questions about how to get a certified copy of a filed ROP, you can email the Office of Vital Records at health.vitalrecords@state.mn.us, or call them at 651-201-5970.

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If you don’t have a certified copy of the ROP (Recognition of Parentage) for each child — or at least a copy of the certified copy — it’s important to order it from the website above at the beginning of your journey. Processing can take a minimum of two weeks or longer, so ordering early helps avoid delays.​

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Disclaimer:
Hiring an attorney is entirely your choice. If both parties are in agreement, an attorney is not required to complete this process. However, please note that any advice shared here is based on my personal opinion. I am not an attorney, and I am not acting as your legal representative. Any decisions you make are your own.

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These court forms may appear intimidating at first, but they don’t have to be. They are written in a comprehensive and lengthy format because they are designed to apply broadly to many types of custody situations — including cases where the parents are not cooperating.

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In your case, that likely doesn’t apply — because you’re doing this together and you’re in agreement, which makes the process more straightforward than what the forms may suggest.

 

How to Make Establishing Custody Simple
You can streamline the custody process by agreeing to the following terms in your Joint Petition:

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🔹 Custody and Parenting Time

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• Legal Custody: Grant joint legal custody to both parents.

• Physical Custody: Grant joint physical custody to both parents.

• Parenting Time: Allow unsupervised parenting time for each parent.

• Parenting Time Schedule: While you can leave the parenting time schedule section blank if both parties agree to remain flexible, I recommend including a basic or minimal schedule — such as "every other week" — to ensure there are no long periods of separation between the child and either parent. This provides a foundation to work from and helps avoid confusion or conflict. The schedule can always be modified later by agreement or court order as circumstances evolve.

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🔹 Financial Support and Expenses (Reserve the Following)

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• Child Support – “The parties agree that the financial needs of the child(ren) are currently being met through informal arrangements.”

• Medical Insurance – “The parties agree that the medical needs of the child(ren) are currently being met through informal arrangements.”

• Dental Insurance – “The parties agree that the dental needs of the child(ren) are currently being met through informal arrangements.”

• Uninsured/Unreimbursed Medical & Dental Costs – “The parties agree that these needs are currently being met through informal arrangements.”

• Child Care Support – “The parties agree that the child care expenses of the child(ren) are currently being met through informal arrangements.”

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🔹 Final Steps

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Each party must include the following at the end of the form:

• Date

• County and State

• Signature

• Printed Name

• Address

• Telephone Number

• Email Address

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Also, indicate that each party is acting as their own attorney (pro se).

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🔹 Public Assistance (Public Authority Section)

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• If no party or child receives public assistance, the Public Authority’s signature is not required.

• If any party or child does receive public assistance, the Public Authority section must be completed and signed.

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🔔 Remember!

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Filing in this manner is only to establish legal and physical custody. If your relationship changes in the future and you need a formal parenting time schedule, child support, or other adjustments, you can always petition the court to make those changes later.

 

That said, if you want to plan ahead, you can take the time now to work through all those details — similar to how a pre-separation agreement works, much like a prenuptial agreement before marriage. The concept is the same: making clear decisions up front.

 

Whether or not you choose to do that now is entirely up to you. It's not required for what you're trying to accomplish here, but it's an option if you prefer clarity and structure from the start.​

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You're almost done!
Now, all that’s left is to visit your local courthouse to submit the completed joint custody petition, certified copy of ROP and pay the filing fee. After that, you’ll receive a court date — your opportunity to finalize your legal status as a father.

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That court date isn’t just a legal milestone.
It’s the day you officially become a father in the eyes of the law.

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Until that moment, you are legally just a man in your child’s life — without the rights, authority, or recognition your child needs you to have.

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Let’s change that — one father at a time.

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Be a Real Dad. Start today.