Family Law ~ Paternity

An Experienced Legal Team Devoted to Helping Parents with Family Law Issues Related to Establishing Paternity

Paternity is the means to determine a child’s legal father, thus granting certain parental rights and responsibilities for the child’s care. The parental issues that can be addressed once paternity is established include child custody, visitation rights, child support obligations, and benefits to the child, such as the child’s access to benefits such as inheritance, health insurance coverage, and Social Security. The necessity of determining the child’s father can arise from various family law cases, such as fighting for sole custody, contesting paternity, determining a parent’s legal rights in divorce or legal separation, and establishing the parental rights of unmarried parents.

Our Wisconsin family law attorneys are well-versed in the various laws and processes related to filing a paternity action and proving legal fatherhood. Our legal team can represent the alleged father or the child’s mother in paternity matters, such as jury trial legal representation, seeking financial support, filing a voluntary paternity acknowledgment form, and more.

Schedule a complimentary consultation with our Wisconsin law firm to discuss your legal goals in your paternity case. We can help you better understand paternity so that you may proceed with the legal process and be more assured of your rights and responsibilities.

What Are the Different Methods for Establishing Paternity in Wisconsin?

There are various options for establishing paternity in Wisconsin.

These include the following:

Marriage: In most cases, a married couple does not have to take extra steps to establish legal paternity. In Wisconsin, the man married to the child’s mother is presumed to be the father of the child born into the marriage. However, there may be instances where the mother or father disputes the alleged fatherhood of a marital child, which may give rise to one of the parties filing a paternity action.
Voluntary acknowledgment of paternity: Unmarried parents can establish paternity by submitting a voluntary paternity acknowledgment form. So long as the parents agree and both sign the form, it should be sufficient to establish legal paternity. So long as there is no conflict over the child’s birth, this is a good option for unmarried couples.
DNA testing: Back in 2020, Wisconsin passed a new law that created a presumption of paternity through a paternity test, which provides conclusive proof of fatherhood. If there is a dispute over who is the biological father of a child, it may be necessary to request genetic testing.
Court orders: In high-conflict family law cases, paternity disputes may end up in the courtroom. In such cases, paternity can be legally established via court order. Court rulings of paternity are now far less common than resolving paternity disputes through genetic testing.

In some cases, genetic testing may prove a man is the biological father of the woman’s child, but this does not necessarily establish paternity. Instead, DNA testing establishes a legal basis to claim paternity by taking legal action.

What Family Law Matters Can Be Affected by Determining Legal Paternity?

Establishing paternity is critically vital for several family law issues. Children and parents may be denied certain legal rights and financial opportunities without determining legal fatherhood.

Family law issues that can be impacted by paternity include the following:

Child support obligations
Certain tax exemptions
Legal custody of the child for important decision-making authority
Medical insurance coverage
Physical placement of the child in custody cases
The child’s birth expenses

Establishing paternity is essential in cases where the parents are not married, especially if the parents are separating and would like to legally determine custody, placement, and financial support obligations.

Once paternity has been established, the legal father will be expected to provide child support to assist with the upbringing of the child. The necessity to pay child support after establishing paternity exists regardless of whether the man’s name is on the child’s birth certificate. When going through a child support case, you must work with attorneys who have a well-versed understanding of paternity matters in your state. Contact our law firm to discuss your case in a complimentary consultation today.

What Does Marital Presumption Mean for Your Parental Rights?

Wisconsin law recognizes different types of fatherhood. The acknowledged father is the man who agrees that he is the child’s biological parent upon the child’s birth.

Acknowledged fatherhood usually occurs when the man is married to the child’s mother, and there is a shared understanding of who the father is. In many cases, the mother and father sign an acknowledgment in the hospital to voluntarily agree that the child is his.

Alleged fathers are men who are believed to be the child’s father by either the child’s mother or an interested third party, such as child support enforcement. Alleged fathers have not yet officially accepted responsibility for fatherhood and typically only agree to accept responsibility after genetic testing provides definitive proof.

A stepfather is a man who marries the child’s mother but who is not the child’s biological or adoptive parent.

A presumed father is an adult man who, by law, may be presumed to be the child’s father but may not be the child’s biological father. Examples of presumptive fathers include men who are married to their wives when their wife conceives a child. Under Wisconsin law, there is a marital presumption of fatherhood unless DNA testing proves otherwise. An equitable father is a presumptive father willing to take on the responsibilities of fatherhood, such as paying child support, but is not the biological father.

An acknowledgment of a marital child form is utilized when a child is born before the parents get married. After completing the form, it must be notarized and sent to the appropriate state office of vital records to be officially recorded. This acknowledgment ensures that the father’s name will be added to the child’s birth certificate and ensures both the father’s parental rights and his responsibilities.

What Are the Benefits of Establishing Legal Fatherhood?

Establishing paternity in Wisconsin has several benefits for fathers, mothers, and children.

Once paternity is established, either parent can petition for child custody and physical placement, including developing a parenting schedule for visitation. In cases where joint legal custody is awarded, fathers can make important decisions about the child’s education, religious teachings, and health care.

Establishing paternity also creates certain obligations for both parents. Either parent can request child support and include a child in the legal father’s health insurance plan. Once fatherhood is officially established, the legal father must provide child support payments. Also, legal fathers may be required to pay certain child care expenses, such as medical bills, daycare, and birth expenses.

Once paternity has been officially established, the child can also benefit from officially recognized fatherhood. Paternity allows a child to inherit from their father, access their father’s medical and family history, obtain insurance benefits and financial support from their father, and perhaps qualify for specific public assistance programs.

How is Child Support Impacted by Determining the Child’s Biological Father?

Child support obligations are legally enforceable once paternity has been established. In Wisconsin, legal fathers are expected to provide financial security and stability to their child’s upbringing.

Legal paternity allows family law courts to implement necessary child support orders that they deem appropriate.

While there are many benefits to fathers when they establish paternity of a child, their child support obligations are a legal requirement that they cannot usually avoid. Some alleged fathers may insist on genetic testing to disprove fatherhood to avoid paying for child support. When seeking such an outcome, it is often necessary to retain professional legal representation from experienced family law attorneys.

What Happens When Either the Father or the Mother is Contesting Paternity?

Most paternity disputes in Wisconsin are resolved via DNA testing. Completing a paternity test is simplest when both parties are willing to cooperate and submit DNA evidence for lab testing. However, there are some circumstances where the alleged father or the child’s mother may attempt to prevent DNA testing and contest the need for a paternity ruling.

The mother or the supposed father has the legal right to seek a court order for a DNA test to prove paternity. Once a court order has been issued, the two parties cannot refuse to participate in the paternity test. Suppose either of the parties chooses to be uncooperative. In that case, they may be held in contempt of court, which can result in severe sanctions, costly fines, and potentially imprisonment.

If you are contesting paternity or the other party is, we strongly suggest you seek professional legal counsel from experienced attorneys. Our law firm would be proud to represent your rights in such paternity cases.

Schedule a Complimentary Consultation with HKK’s Paternity Lawyers

Establishing a child’s paternity is crucial for guaranteeing certain parental rights and obligations. Determining paternity is especially important in family law cases involving unmarried couples.

If you are going through a complex paternity case, it is highly recommended that you seek the professional legal representation of experienced family law attorneys. Our lawyers have years of experience representing clients in high-conflict family law matters, and we proudly represent your interests in pursuit of the most satisfactory outcome to your case.

Contact HKK Law Offices at 920-635-2992 or visit the Complimentary Consultation button at the top of the page to schedule online.

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No client or other reader should act or refrain from acting based on any information contained in the HKK Law Offices website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.