Paternity law in Wisconsin
What Does Paternity Mean?
Paternity is the establishment of legal fatherhood and will cause Wisconsin to officially recognize a man as the legal father. Wisconsin statutes give fathers specific rights and duties, so it is important that fatherhood is legally established. A father has a right to fight for child custody, child placement, and child support. Paternity actions in Wisconsin must be heard in the proper jurisdiction (county) and venue, though there are no residency requirements.
Why is it Important to Establish Paternity?
Paternity is arguably one of the most important areas of family law, as it assists in establishing the rights of a father, as well as protections for the child.
Legal fatherhood establishes rights such as:
- The father's name on the child’s birth certificate
- Securing parental rights to be considered before the child can be placed for adoption
- Formally requesting the court for legal custody, placement, and child support
Having a legal father established will also give the child protection such as:
- Financial support from both birth parents until the child reaches the age of majority
- Legal right to the father’s social security, veteran’s benefits, pension, and inheritance
- Enrollment in the father’s employer-provided or private health insurance plan
- If the father is Native American, the child will have rights to tribal enrollment
Besides the legal protections, establishing a biological father can provide access to information in regards to family history; giving the child a better understanding of what’s to come in terms of growth and development, and hereditary diseases.
How Do You Establish Paternity in Wisconsin?
The child, the child’s mother, and a man presumed to be the child’s father, a guardian ad litem, or a grandparent may petition to establish or challenge paternity (See 767.80(1)). There are strict time limits and deadlines to keep in mind when filing for paternity; such as the statute of limitations (time limit) which is before the child’s 19th birthday.
Questions on this? Reach out to our attorneys to set up a free consultation.
Paternity can be established three different ways in Wisconsin:
1. Voluntary Paternity Acknowledgement
- The Voluntary Paternity Acknowledgment (VPA) is a legal document that is provided to the parents in the hospital immediately after the birth of the child. The form is also available after the family leaves the hospital in vital records. This form can be used by parents who are 18 years or older.
- By signing this form, the parents acknowledge that they are the legal mother and father of the child. If you are unsure if you are the father of the child, do not sign this form until you have spoken with an attorney. By voluntarily acknowledging paternity, a court may be able to order child support against the named father in the document if it becomes necessary, despite being married or not.
- Please note that there are certain circumstances where the Voluntary Paternity Acknowledgment form is not applicable. A few examples where the VPA is not applicable are if the child is the result of rape or incest, if either parent is under the age of 18, or if it is not in the best interest of the child. This form cannot be used if the mother conceived or birthed the child while married to another man.
2. Court Hearing
- A court hearing will be held in one or both of the parties do not agree who the father is. Both parties will appear in court and present evidence in front of a judge. A genetic test will likely be ordered by the court to determine paternity.
- The court uses the results of the DNA test to determine if the alleged father is the legal father. Wisconsin has set a precedent that if the DNA has a 99% or higher statistical probability of being the child in question's father, it is presumed to be correct.
- If the alleged father refuses to submit to a court-ordered DNA test, a court may hold the individual in contempt.
3. Acknowledgment of a Marital Child
- An Acknowledgment of Marital Child form can be signed if the child’s birth comes before the parents get married.
- This form can be obtained from the local child support agency or from a state vital records office. This document will need to be notarized and mailed back to the state office of Vital Records.
The experienced attorneys at Divergent Family Law are ready to represent your best interest in almost every area of Wisconsin family law. We will advise you through all stages and issues that arise including:
- Filing a petition
- Serving Papers
- Temporary orders
- Child custody and placement
- Child support
- Spousal support
- Courtroom trial