Minnesota Counterclaim

ANSWER AND COUNTERCLAIM

Respondent, for his/her Answer to Petitioner's Complaint herein alleges:

I.

Specifically denies each and every allegation contained in said complaint unless otherwise stated in Respondent's Counterclaim.

WHEREFORE, Respondent asks the Court to dismiss Petitioner's Complaint and to award [him/her] his/her costs and disbursements incurred herein.

COUNTERCLAIM

I.

The true and correct names, addresses, and social security numbers of Petitioner and Respondent are:

II.

Petitioner is being represented in these proceedings by , of , , Minnesota .

Respondent is being represented in these proceedings by , of , , Minnesota .

III.

Petitioner's date of birth is , and [(s)he] is years of age. Respondent's date of birth is , and [(s)he] is years of age.

IV.

Petitioner (and the minor child(ren)) reside(s) in the County of , State of Minnesota.

Respondent (and the minor child(ren)) reside(s) in the County of , State of Minnesota.

(OPTIONAL)

V.

On or about the day of , 20, in the City of , County of , and State of , Petitioner, , and Respondent, , had sexual intercourse.

(OPTIONAL)

VI.

By reason of said sexual intercourse, Petitioner/Respondent became pregnant with a male female child, , who was born (out of wedlock) in the City of , County of , and State of , on .

VII.

A declaration/recognition of parentage, pursuant to Minn. Stat §257.34)(257.75) has been signed / not been signed by Petitioner/Respondent (the parties).

VIII.

The conception of the minor child as described in the Complaint may have occurred as a result of contact by Petitioner/Respondent with others, and accordingly, Petitioner/Respondent has insufficient information upon which to base a belief as to the truth or falsity of Petitioner/Respondent's allegation thereto and hence (he)(she) denies the same for purposes of putting Petitioner/Respondent to (his)(her) strict proof thereon.

IX.

Both parties are fit and proper custodians for said minor child, and the best interests of the child will be served if joint legal and physical custody is awarded to the parties.

X.

Petitioner is employed as a by , located at .

(He)(She) has gross income of $ per and net income of $ per .

Respondent is employed as a by , located at .

(He)(She) has gross income of $ per and net income of $ per . is dependent upon for a contribution to the support of the minor child(ren) of the parties. Neither party receives public assistance.

WHEREFORE, if Petitioner/Respondent is adjudicated the father of the minor child, Respondent prays for the Judgment and Decree of this Court as follows:

CUSTODY/VISITATION

1. Granting legal and physical custody of said minor child subject to 's right to (reasonable) (supervised) (reasonable and liberal) visitation.

1. Granting Petitioner and Respondent joint legal custody of said minor child and designating as (his)(her) sole physical custodian subject to 's right to (reasonable) (supervised) (reasonable and liberal) visitation.

1. Granting Petitioner and Respondent joint legal and physical custody of said minor child.

1. Ordering such custody, care and control of said minor child as the Court deems in his/her best interest.

CHILD SUPPORT

2. Ordering such support for said minor child as the Court deems just, fair and equitable.

2. Ordering to pay to a reasonable sum of money for the support of said minor child.

2. Reserving the issue of support for said minor child.

2. Requiring to pay a reasonable sum of money to for the confinement expenses of and said minor child.

2. Requiring to pay a reasonable proportion of the expenses for the support of said minor child for the past two years.

INCOME WITHHOLDING

3. Requiring that the child support payment by to be made by income withholding pursuant to Minn. Stat. §518.613.

INSURANCE

4. Requiring that ()(both parties) provide medical (and dental) insurance for the benefit of said minor child (in a just and equitable manner).

NAME CHANGE

5. Ordering that the minor child's name be changed from to .

SUCH OTHER

6. For such other and further relief as the Court deems just, fair and equitable in the premises.

VERIFICATION

STATE OF MINNESOTA )

)SS.

COUNTY OF )

, being first duly sworn, upon oath deposes and says that (he)(she) is the Respondent in the above-entitled action; that (he)(she) has read the foregoing Counterclaim, knows the contents thereof and that the same is true and correct, except as to those matters therein stated on information and belief and as to those matters (he)(she) believes them to be true.

ACKNOWLEDGMENT

STATE OF MINNESOTA )

)SS.

COUNTY OF )

, the attorney for Respondent in the above-captioned matter, and , Respondent herein, hereby acknowledge that pursuant to Minn. Stat. §549.21, costs, disbursements, witness fees and reasonable attorneys' fees may be awarded to Petitioner in the event Respondent is found to be acting in bad faith and/or asserting a frivolous claim.