In Wisconsin once paternity has been established, the father's rightsare the same as the mother's parental rights. Under Wisconsin law, the court orders custody and placement based on the best interest of the child. And a close relationship with both parents is often beneficial for the child.
What Are a Father’s Rights in Wisconsin?
Father’s rights refer to issues within family law that affect the relationship between the father and child or children. This is mainly centered around the issues of child custody, child placement, and child support. The rights of a father depend largely on whether or not paternity has been established.
Divorced Father's Rights
After a divorce, both parents have equal rights to the child unless a court order says otherwise. A court order is an official rule set in place by a judge that outlines the legal relationship between the parties. Within the court order, both child custody and child placement expectations are outlined in detail for each parent to follow.
Unmarried Father's Rights
If the parents are not married, Wisconsin law does not give the father rights by default. This means that until the father establishes paternity, the mother has sole custody. Paternity can be established in a couple of different ways.
Voluntary Agreement Between the Parents
The quickest and easiest way to establish paternity is for the father to sign the Wisconsin Voluntary Paternity Acknowledgment form at the child's birth. However, there are other options available that can be used to establish paternity in Wisconsin. After establishing paternity, the father can move to gain custody and/or placement of the child. Establishing paternity also allows the mother to move to establish child support. If paternity is not established right away, the concerned party will have to file a paternity action.
Filing a Paternity Action
A paternity action is a proceeding where the court legally determines whether or not someone is the father of the child. To file a paternity action, the first step is to file a petition to establish paternity. You outline why you believe you are the father in the petition. After that, the other party has a couple of options when filing a written response to the allegations:
- Agree that you are the father and allow the court to create a formal proclamation as such.
- Formally object to the allegations by contesting them.
It is important to note that if the other party acknowledges that you are the father, and the court accepts the formal written response, you will forever be considered the father. Also, if the other party contests paternity, a DNA test will be required to determine paternity. If you is found to be the father, the court will order child support according to Wisconsin’s guidelines.[1]
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