Minn. Stat. § 257C.02

Minnesota Statutes

Public Welfare and Related Activities (Ch. 245-267)

Chapter 257C. De Facto Custodian and Interested Third Party


257C.02. Application of other law; construction


(a) Chapters 256, 257, and 518 and sections 524.5-201 to 524.5- 317 apply to third-party and de facto custody proceedings unless otherwise specified in this chapter. De facto or third-party child custody proceedings concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and by this chapter when not inconsistent with the Indian Child Welfare Act or the Minnesota Indian Family Preservation Act.


(b) Nothing in this chapter relieves a parent of a duty to support the parent's child. A preexisting child support order is not suspended or terminated when a third party takes custody of a child unless otherwise provided by court order. A de facto or third-party custodian has a cause of action against a parent for child support under section 256.87, subdivision 5, and the public authority has a cause of action against a parent for child support under section 256.87, subdivision 1.


(c) Nothing in this chapter prohibits the establishment of parentage under chapter 257.


CREDIT(S)


Laws 2002, c. 304, § 2. Amended by Laws 2004, c. 146, art. 3, § 30.

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