Why Establishing Paternity is Beneficial in Wisconsin

 Posted on December 18, 2023 in BUI

Being legally acknowledged as a child's father carries with it many benefits, both legal and personal. There are many reasons why establishing paternity can be important in the short and long-term of both the parent and child's life. Those reasons include:

• Provides the father legal rights to their children
• The child will know who their father is
• The father can add the child to their health insurance
• Health records are now accessible to both parents
• A father can leave an inheritance to the child
• Child support is now legally possible

A family law attorney can help you establish paternity as a father. As a mother, an experienced lawyer can provide advice and support in getting the courts to enforce a paternity test or help locate an absent father.

How Paternity is Established

There are four ways to establish paternity in Wisconsin:

• A Voluntary Paternity Acknowledgment (VPA)
• Marital Presumption
• Genetic testing
• Court ruling

An attorney can file a petition to establish paternity on your behalf, but only the parents of a child can establish paternity. Other people who can file a petition to establish paternity include:

• Grandparents
• The child's guardian
• A guardian ad litem (GAL)
• Wisconsin
• The child

Voluntary Paternity Acknowledgment (VPA)

Unwed parents can use a VPA to establish paternity for a child under the age of 19 years old. When both parents sign the VPA, it enables the court to order child support without a hearing. However, a father does not yet have custodial or placement rights to the child. A mother who is currently married to another person cannot use a VPA to establish paternity, as marital presumption will take precedence.

Marital Presumption

Any child born or conceived while the parents are married places the presumption that the father is the baby's biological father. The same can be said for same-sex couples in a similar situation. Parents who are married after a child is born but romantically involved at the time the child was conceived can sign an acknowledgment of the marital child. The father's name can then be placed on the birth certificate to establish paternity.

Genetic Testing

Genetic testing results can override marital presumption if the results show that the presumed or acknowledged father is not the biological father of a child. The test involves a cheek swab for a DNA test with a statistical probability of 99 percent. Since 2019, there is no longer a need for a court hearing to establish paternity through DNA testing. The child support agency needs only a subpoena to have the child, the mother, or the alleged father undergo testing.

Court Ruling

Parents who disagree on a child's paternity can involve the court to determine on their behalf. One parent will need to schedule a court hearing to establish paternity. A court's determination of the biological father will involve genetic testing. If the alleged father fails to show up to the hearing, a court can deem him the father and order obligations of child support payments.

Contact a Waukesha County, WI Family Law Attorney

 Establishing paternity is important in developing a legal parent-child bond with your children. It also helps demonstrate grounds for child support if one parent petitions for it. Throughout the entire process of establishing paternity, a Menomonee Falls, WI child support lawyer can handle any legal matters you may face. With a combined legal experience of well over 25 years, the firm of Bucher, Wolff & Sonderhouse, LLP is more than prepared to help you through the process. Contact the office at 262-232-6699 for a free consultation.