What You Should Know About Paternity in WI
Seeking rights to your children but unsure where to start in the state of Wisconsin? Let a paternity lawyer help you prove your fatherhood.
When you and your spouse are considering a divorce, or if you were never married in the first place, an important factor in making decisions for your child may come up: paternity. As a father, you may want to be a part of your children’s lives, but any question of whether you’re legally the father can complicate that. That’s why you’ll need to understand your case and fight back with proof of your paternity.
At Karp & Iancu, we understand how frustrating questions about paternity can be. You may know you’re the children’s father, but there are still legal questions to deal with. Fortunately, that’s where our award-winning paternity lawyers can come in. If you’re struggling to prove that you’re the father of your children, reach out for help with your case.
Why Seeking Paternity is Important
Whether you’re seeking a divorce or seeking custody rights to your child, establishing fatherhood is important. If you don’t seek out proof of paternity, you may be ineligible for child custody. That means you could lose your rights to keeping your children in your care, even if living with their mother isn’t in their best interests.
You and your child deserve all the rights that a parent and child should enjoy. Unfortunately, you could miss out on these rights if you don’t prove you’re their father, so seek out help when your paternity has been called into question.
Determining Paternity
While Wisconsin has some statutes protecting the rights of parents to their children, fathers are in a unique position. While determining the maternity of the child may be easy, determining paternity may be required before you have legal rights to your child. This is especially true if you and the mother of your child weren’t married.
The mother may voluntarily name you as the father, or you may have been married at the time the child was born. In these cases, paternity may be assumed. Also, the voluntary paternity acknowledgement declares you as the legal father without the need to take your case to court.
However, if the mother doesn’t name you as the father in this way, you may need to take a genetics test to prove your fatherhood. This test will show the court you’re the father, and the proceedings may continue.
The Paternity Test Process
When the paternity of your children is under question, you’ll need to take steps to protect your rights. Focusing on proving that you’re legally the father can make a difference for your case.
In some cases, you may have to do little to prove you’re the father and the mother may agree to declare you the biological parent. If the mother doesn’t agree to this option, you may need to take genetic tests to establish paternity. Your lawyer can help you find viable tests that the court will accept, then guide you through getting the test and presenting the evidence in court.
Your Custody Rights and Parenting Plan
Once it’s established that you’re the father, you’ll have certain legal rights to your children, and you may have the right to seek custody or visitation rights. Wisconsin law places plenty of importance on children having access to both their parents, so your attorney can help you fight back for those rights.
If you already have legal custody, but you want physical custody of your child, your lawyer can help guide you through this process to make sure you get the outcome you are seeking. Children often benefit from having both their parents in their lives, so you may have a chance to submit a parenting plan. If you’re concerned about spending time with your child, your lawyer can help you seek that time with your child.
What’s Next?
If you’re struggling to prove you’re the biological father of your children, it can be disheartening and upsetting. You’ll need someone on your side who can help you prove your fatherhood and help you overcome these accusations.
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