The email to our lawyer is off! I specifically asked:In the situation of an unwed birth mother in MN, without any court orders explicitly indicating custody/visitation/protection/etc., does a daycare provider have to release the child to the bio dad?

And then: Does this change if bio dad is on the birth cert or signs an ROP?

I also found the following:
257.541
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 when the child was born and was not married to the child's father 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.

257.51 to 257.74 is the Parentage Act. It defines 'parent child relationship' and states this relationship may exist regardless of the marital status of the parents.

257.54 says how this relationship is established and includes:
(b) the biological father may be established under sections 257.51 to 257.74 or 257.75

257.75 covers an ROP and includes:
Subd. 3.Effect of recognition.

(c) The recognition is:
(1) a basis for bringing an action for the following:
(i) to award temporary custody or parenting time pursuant to section 518.131;
(ii) to award permanent custody or parenting time to either parent;
(iii) establishing a child support obligation which may include up to the two years immediately preceding the commencement of the action;
(iv) ordering a contribution by a parent under section 256.87;
(v) ordering a contribution to the reasonable expenses of the mother's pregnancy and confinement, as provided under section 257.66, subdivision 3; or
(vi) ordering reimbursement for the costs of blood or genetic testing, as provided under section 257.69, subdivision 2;
(2) determinative for all other purposes related to the existence of the parent and child relationship; and
(3) entitled to full faith and credit in other jurisdictions.

I c/p what I thought were the important parts but after reading through the statutes, to me, it appears that unwed birth moms maintain sole custody and an ROP allows for the birth dad to pursue visits if they wish. But none of this automatically grants birth dads any visiting rights right off the bat.

The ROP and birth certificate are tools to establish a parent child relationship but establishing that relationship, does not automatically establish visiting or custody rights for birth fathers.

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