Being a parent is one of life’s most meaningful roles. But if you’re not married, navigating child custody in Minnesota can feel confusing and uncertain — especially if you and your co-parent are getting along today, but worry about tomorrow.

At Johnson/Turner, we work with many unmarried parents, and we understand the questions that come up: Do I really need a custody agreement if we agree on everything? What rights do I actually have? What happens if things change? Let’s break it down.

Legal Custody vs. Physical Custody

In Minnesota, custody is divided into two categories:

• Legal custody refers to the right to make major decisions about your child’s upbringing — things like school, medical care, and religion.

• Physical custody relates to where your child lives and who handles the day-to-day parenting.

Parents can share both types of custody (joint custody), or one parent may be granted sole custody, depending on what’s in the child’s best interests.

Why Custody Looks Different for Unmarried Parents

Here’s the key: If parents are not married at the time of their child’s birth, the mother has sole legal and physical custody by default under Minnesota law — even if both names are on the birth certificate.

That means:

• The father does not have legal rights to make decisions or have parenting time until paternity is formally established and a custody order is in place.

• Agreements made informally between co-parents — even if respectful and working well — are not legally enforceable.

It’s a harsh reality, but one that can be avoided with proper planning.

Why Every Unmarried Parent Needs a Custody Agreement

Whether you’re co-parenting peacefully or facing more complex dynamics, having a formal custody order in place is essential. Here’s why:

✅ It legally defines each parent’s rights and responsibilities
✅ It protects your parenting time if circumstances change
✅ It reduces conflict by setting clear expectations
✅ It’s enforceable by the court — informal deals are not
✅ It puts your child’s stability and best interests first

We often hear from clients who trusted things would stay amicable — until they didn’t. A custody agreement isn’t about expecting conflict; it’s about being prepared and protecting your relationship with your child.

How We Help Unmarried Parents Take Control

At Johnson/Turner, we believe that clarity creates confidence. Our team partners with you to:

• Establish paternity, if needed

• Help you file for custody and parenting time

• Create an agreement tailored to your family’s unique needs

• Adjust the plan if life changes

We offer flexible, flat-fee custody services — because your future shouldn’t be built on uncertainty or legal confusion.

You Don’t Have to Wait Until There’s a Problem

If you’re an unmarried parent, now is the time to put protections in place. You don’t need to wait for a disagreement to take action. In fact, the best time to build a custody agreement is when everyone’s working together.

Empower your future. Define your rights. Put your child’s well-being at the center.

📞 Contact Johnson/Turner today to schedule a no-obligation guidance call and get the clarity you deserve.