PATERNITY
Paternity actions are used to determine whether or not a man is the biological father of the child in question.
Once paternity is established, issues of legal custody, physical placement, child support, insurance coverage, tax exemption, and last name of the child need to be addressed. Fathers who have not been legally established as the biological father have no rights regarding the child, including input as to how the child is raised, or how much time the father can spend with the child. If the child has been born during a marriage, Wisconsin law presumes that the husband is the father of the child, until such time as his paternity is disproven. Paternity can be established either by signing a Voluntary Paternity Acknowledgement; by having both the father and the mother sign an agreement, or by having a Court determine Paternity after a contested Paternity Trial.
- Voluntary Paternity Acknowledgment - "This document is often provided at the hospital at the time of the birth so that the fathers name will appear on the birth certificate." Care should be taken, however, before signing this form. Once it is signed, it is a legally binding document establishing Paternity, without the opportunity for DNA blood tests. This document is usually not revocable after 60 days have passed.
- Testing for Paternity Upon request, if a man disputes or is uncertain that he is the father of a child, the Wisconsin Courts will allow the alleged father and the child to submit to DNA testing.
- Issues for Consideration in Paternity Cases-
Paternity cases involve the same considerations regarding Child Support and Child Physical Placement as do Divorce cases -- see the DIVORCE page.
In addition, items such as providing health insurance for the child, deciding who will claim the child for tax purposes, and deciding the last name of the child all need to be decided.
Our office has years of experience in negotiating settlements between the parties on these issues. We will be happy to assist you.