Is there any defense to be named in a paternity lawsuit?
Are there any defenses available when you are being sued in paternity court as being the alleged father of a child born out of wedlock?
Sec. 767.813 of the Wisconsin Statutes creates several defenses that are avaiable in a paternity case.
a. That the man named as a possible father of the child can assert that they were sterile or impotent at the time of conception.
b. The mother may claim that she, or the man named as a possible father and that he may also claim that they did not have sexual intercourse with the other party during the conceptive period (generally the period 8 to 10 months before the birth of the child.)
c. and the mother or the man named as the possible father may claim that another man had sexual intercourse with the mother during the conceptive period.
In addition to these defenses, under Wisconsin law, a person alleged to be the biological father of a non-marital child has the right to request a jury trial on the issues of whether they are the father or not.
If you have questions on paterntiy law in the state of Wisconsin, contact the experienced family lawyers at Karp & Iancu, S.C. today for a free and confidential first meeting.