Establishing paternity is important for children and parents. In Wisconsin, when the mother is married, the husband is the presumed legal father. However, at least a third of all children are born to single parents. In those instances, you will need to establish legal paternity in order to ensure child support and protect parental rights. A knowledgeable family law attorney in Wisconsin will help you resolve paternity, custody, and support matters.
Establishing Legal Paternity
As a mother, you will want to establish paternity to make sure that your child knows his or her biological father. You also need to establish legal paternity in order to collect child support through the system. As a father, you will want to establish paternity to ensure that you are able to have regular visitation. Although parents may decide to make an agreement outside of court, one or the other parent may later decide not to continue with the arrangement. A legal determination is necessary in those situations to protect parental rights and properly care for a child.
How to Establish Paternity in Wisconsin
There are several ways to establish paternity in Wisconsin. In order to be deemed the legal father of a child, the parents must follow one of the legal methods of establishing paternity. You do not have to get a paternity test if the biological father signs a voluntary acknowledgment.
Voluntary Parental Acknowledgement
Parents may sign a voluntary parental acknowledgment form. By doing so, legal paternity is established. This is the simplest and easiest way to establish paternity. The acknowledgment form allows the father’s name to be included on the child’s birth certificate. Parents may often be able to sign the acknowledgment at the time of the baby’s birth. Do not sign the form if you are unsure about parentage. Signing the acknowledgment does not automatically allow the father legal custody or physical placement.
Court Ruling
Sometimes a mother names the father and he does not agree. If there are questions about the father of a child, the court can make the determination. Both the mother and father will be required to attend a court hearing. The named father may request a paternity test. The court will make a decision about paternity. The judge will give information to the father regarding his parental rights and responsibilities.
Genetic Testing
Genetic testing is also called DNA paternity testing. A man will be legally named a child’s father when the results from a DNA test prove paternity. Test results must show that the father is not excluded with a statistical probability of at least 99% or higher. There must be no other presumption of paternity. DNA testing is accepted as the most reliable option for determining paternity. The child and both parents will submit to the testing which is then sent to a lab for review.
Acknowledgment of Marital Child
Parents who marry after the birth of a child may establish paternity through the acknowledgment of a marital child. This option allows parents to provide a document that recognizes the biological parents. This is similar to a voluntary acknowledgment, except that it is available to parents who are married.
Although you are not required to get a paternity test, it is in your best interest and in the best interest of the child to do so. Once paternity is established, the parents may resolve matters of custody, visitation, and child support in family court. To learn more about establishing paternity, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.