Establishing paternity is an essential step for unmarried fathers in Wisconsin who want legal rights and responsibilities toward their child. Without legally recognized paternity, a father has no automatic claim to custody or visitation. Additionally, the child may not be entitled to financial support, health insurance benefits, or inheritance rights from the father.
Wisconsin law provides two primary ways to establish paternity: voluntary acknowledgment and court-ordered (involuntary) paternity establishment. Understanding these processes can help fathers, mothers, and children navigate the legal system effectively.
Voluntary Paternity Establishment
The simplest and most straightforward way to establish paternity is through voluntary acknowledgment. If both parents agree on the child’s biological father, they can sign a Voluntary Paternity Acknowledgment (VPA) form. This legal document is typically available at the hospital at the time of the child’s birth but can also be completed later through the Wisconsin Department of Health Services.
Steps for Voluntary Acknowledgment
- Complete the VPA Form – Both parents must fill out and sign the form in the presence of a notary public.
- Submit the Form – The completed form is sent to the Wisconsin Office of Vital Records, where it is officially recorded.
- Legal Recognition – Once processed, the father’s name is added to the birth certificate, granting him legal rights and responsibilities.
Benefits of Voluntary Paternity Establishment
- No Court Involvement: The process is quick, straightforward, and avoids legal disputes.
- Legal Rights and Responsibilities: The father gains the right to pursue custody or visitation, while the child receives legal benefits.
- Emotional Stability: Establishing paternity early fosters a strong bond between the father and child.
Involuntary Paternity Establishment (Court-Ordered)
When paternity is disputed or a father refuses to acknowledge paternity, the court can intervene through an involuntary process. Either the mother, alleged father, or the Wisconsin Child Support Agency can file a petition to establish paternity.
Steps for Court-Ordered Paternity
- Filing a Petition – The mother or alleged father can request a court hearing to determine paternity.
- DNA Testing – If either party contests paternity, the court may order a genetic test to confirm the biological relationship.
- Court Ruling – Based on DNA results and other evidence, the court will issue an order establishing paternity.
- Legal Obligations – Once paternity is established, the father may be required to provide child support and can seek custody or visitation rights.
Why Involuntary Paternity Establishment May Be Necessary
- Disputed Paternity: If either parent is unsure or disputes fatherhood.
- Child Support Enforcement: Ensuring financial support for the child.
- Legal Protections: Preventing false paternity claims or ensuring the father has parental rights.
The Importance of Legal Guidance
Whether pursuing paternity voluntarily or through the courts, seeking legal assistance can ensure the process is handled correctly. An experienced fathers’ rights lawyer in Milwaukee can help protect parental rights and ensure the best outcome for both the father and child.
Understanding the different paths to establishing paternity is crucial for securing legal rights, financial stability, and emotional well-being for everyone involved. For a free family lawyer consultation in Milwaukee, feel free to call or visit Davis and Associates Attorneys office.