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Blackcat31 06:54 AM 11-18-2016
Originally Posted by Max:
I'm not talking about how it effects me, I specifically asked my lawyer (and read the statutes as such) from a provider's POV. And also have been speaking on what rights a father legally has (in MN).



Again, those Q & As are assuming the parents were not unwed at the time of birth.



I think this is where we disagree... The statutes and info from multiple family lawyers both say an unwed birth father doesn't have legal rights to custody/visit, therefore, DCP do not have to release.



Actually quite the opposite I'm not trying to argue how I feel, but how this issue legally applies to DCP.

Two very reputable family lawyers verified unwed birth dads do not have legal custody/visitation rights. One lawyer and the specific Q&As I copied from Tom's blog verified DCP should not release under those specific circumstances. Statutes seem to verify this as well (the ones I posted about earlier).

If we are at an impasse then maybe we should just leave this as it is? I'd like to have the absolute answer but we both seem certain we are right lol and idk who else could clarify besides a family lawyer (I could ask my licensor and if there was a conflict, put her in touch with my lawyer? Or any lawyer; it seems you think mine isn't necessarily right because I hired him?)
Again, I have been a child care provider in MN for over 2 decades.... I have actually been in the situation where an unwed mother wanted the father to not have access to the child. I had no COURT DOCUMENTS saying anything. The father had met the child at birth only.

I called the police. Guess who got to take their child?
Yep...the father. Know why? Because the mother did not go to court and get legal COURT DOCUMENTS stating the father had no access.

I have NEVER been advised to do anything other than to follow COURT DOCUMENTS stating who can and can't pick up or access a child.

Unless I have court documents I WILL release a child to a parent. NO MATTER what the other parents says or writes down on paper.

Why would my disbelief of what your attorney says have anything to do with you hiring him? This isn't personal.

It's legal and as a licensed child care provider that signed and agreed to follow MN child care rules and regulations the only directives I will follow are those written in COURT DOCUMENTATION.

I am not trying to get you to believe that I am right or wrong... it's NOT personal.

I am only trying to tell you MY experience as a LICENSED child care provider in MN according to licensing laws.

If your licensor or your attorney tells you anything different.... make sure you get it in writing.

Because personal beliefs or "he said" won't protect your liability.
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