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About Legal Fatherhood (Paternity) in Wisconsin

Legally reviewed for accuracy by Attorney Kelly Dodd

The information provided does not, and is not intended to, constitute legal advice.
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What is paternity?

Short answer: Paternity is the legal state of being someone’s father.

When a man acknowledges or establishes paternity of a child, he acquires legal rights and incurs legal obligations.
These may include custody, placement, decision-making authority, child support, and medical support.

Different Types of Fatherhood Under Wisconsin Law

Acknowledged father: A man who agrees at or near birth that he is the child’s biological parent.

Alleged father: A man claimed to be the father but whose paternity has not been legally established.

Stepfather: A man married to the child’s mother who is not the biological or adoptive parent.

Presumed father: A man presumed to be the father because he was married to the mother at conception.

Equitable father: A man who has acted as a child’s parent and may be treated as such by the court.

How is paternity established in Wisconsin?

There are three ways to establish paternity in Wisconsin:

1. Voluntary Acknowledgment of Paternity (when the mother is unmarried).
2. Adjudication by a judge, often after genetic testing.
3. Legitimation when parents marry after a child’s birth.

Genetic testing alone does not establish paternity. Legal steps are required to create or deny parental rights
and obligations.

How long does a father have to establish paternity?

A paternity action must generally be started before the child turns 19.
Once a child reaches adulthood, courts cannot compel participation in paternity proceedings.

Paternity for Unmarried Couples

When parents are not married and cannot agree on paternity, either parent may file a paternity action in family court.
Either party may request genetic testing.

For the mother: An unmarried mother may seek to establish paternity and child support.

For the father: An unmarried man may seek to establish paternity to obtain custody or placement rights.

Mothers & Custody

In many situations, an unmarried mother has custody of her child by virtue of giving birth.
An unmarried father generally must establish paternity before the court can issue custody or placement orders.

How Can You Terminate Parental Rights?

Termination of parental rights is different from giving up custody or placement.
When parental rights are terminated, the parent no longer has a legal relationship with the child.

• Voluntary termination (with court approval, often tied to adoption)
• Involuntary termination under narrow legal circumstances

Can you terminate parental rights to avoid child support?

No. Termination of parental rights is not a shortcut to avoid child support obligations.

Paternity Testing in Wisconsin

Paternity testing consists of a lab test that analyzes the DNA of a mother, an alleged father, and a child to determine the child’s parentage.

How much is a paternity test and how is it done?

The cost of genetic testing varies widely and depends on many factors (such as who is providing the testing, geographic location, local court rules, etc.).

Typically, the court will order one or both parties to pay for the genetic tests. If the parents are indigent, the county will often pay for the testing. Child support agencies often offer genetic testing at a reduced cost.

Tests require the cooperation and participation of the mother, alleged father, and the child and usually consist of a swab taken from inside the mouth. It is safe for all parties involved—no blood or needles.

Sometimes parties seek a private test at a local lab or administer a home paternity test from a drugstore. If the parties later wish to admit the results of these tests as evidence in court, it will be up to the judge to determine whether the test results are accurate, reliable, and legitimate.

If the judge has any concerns about the veracity of a private test, the judge can order the parties to take another test administered by the court through the child support enforcement agency.

If a man submits to court-ordered genetic tests that determine he is not the child’s father, he will not be ordered to pay for those tests.

Can you get a paternity test while pregnant?

Prenatal paternity tests cannot be administered by the child support enforcement agency or via home test kits. They can only be taken by an OB-GYN and must be approved and ordered by a doctor.

Courts generally will not order prenatal paternity testing and will not order doctors to conduct such tests.

Paternity actions require the baby to be born alive before a court will order testing or make other orders relevant to the child.

Can I refuse a court ordered paternity test?

No. If you are ordered by a court to submit to a paternity test, you must comply with the order. If you do not, you can be held in contempt of court and can be fined, jailed, or both.

Can a mother refuse a paternity test?

If an alleged father asks a mother to submit to genetic testing, she can refuse. However, if a court orders her to submit to genetic testing, she must comply with the order. Failure to do so can result in fines, jail time, or both.

What to Expect in a Paternity Court Case

After a child is born, either the mother, the father, the child, or the county child support enforcement agency may file a paternity action in the county’s family court.

• Child support enforcement typically files the action when the mother or child receives public assistance.
• If the mother knows who the father is, the action will allege that he is the child’s father and he will be summoned to admit or deny paternity.
• If more than one man may be the father, all possible fathers may be notified of the proceedings.
• The alleged father may admit paternity, deny paternity, or request genetic testing.
• If paternity is admitted, the case proceeds to a “terms” hearing.
• If paternity is denied, the court will usually order genetic testing.
• If testing excludes the man, he is dismissed from the case.
• If testing confirms paternity, the court issues orders regarding custody, placement, child support, health insurance, and other matters.
• The court generally pauses other orders until genetic test results are received, which often takes about two months.
• A party may request a jury trial to challenge genetic test results.
• A parent may request a de novo review if they disagree with the court’s terms.
• The court may appoint a guardian ad litem depending on the circumstances.
• The court may order a name change for the child as part of the paternity action.

Paternity & Child Support

Both parents have a legal obligation to support their child.

Once paternity is established, the court will set a child support order based on each parent’s income and the amount of time the child spends with each parent.

If the mother or child receives public assistance, child support enforcement may assist the court and the mother may be required to assign support rights to the State of Wisconsin.

The Role of a Guardian ad Litem in a Paternity Case

A guardian ad litem may be appointed when parents cannot agree on custody, placement, or child support. The guardian ad litem investigates the child’s best interests and makes recommendations to the court.

A guardian ad litem will also be appointed when either the mother or father is a minor.

Contesting Paternity

A man may contest a paternity allegation by denying paternity and submitting to genetic tests that prove he is not the child’s father.

In rare situations, a man may still be adjudicated the child’s father even if genetic tests prove he is not the biological father, when the court determines it is in the child’s best interests.

Can you sue for lying about paternity?

A court may void a judgment of paternity if fraud, duress, or mistake of fact is shown.

Related Content About Paternity in Wisconsin

• Wisconsin Child Custody & Placement Laws
• Child Support in Wisconsin
• Does a birth certificate establish paternity?