When it comes to a child, establishing paternity early is essential not only to the child, but both parents. Identifying paternity is beneficial in many ways, such as allowing children to create a relationship with both the mother and the father, as well as access medical insurance and benefits.
If you haven’t identified paternity with your own child, you may need to talk to a Milwaukee paternity lawyer who understands the laws and how they affect your case.
What You Need to Know About Paternity in Wisconsin
In Wisconsin, if a couple is married, paternity is presumed automatically. If the parents of the child are unwed, there are only a few ways the father can exercise his legal rights to the child; the most common – and perhaps easiest – way to recognize the biological father is to file a Wisconsin Voluntary Paternity Acknowledgement form.
What is a Wisconsin Voluntary Paternity Form?
The Wisconsin Voluntary Paternity Acknowledgment form requires signatures from both parents and notarization by a licensed notary before parents may file it with the Office of Vital Records.
This form legally establishes paternity to the male filing. However, it does not give the father legal custody. (It doesn’t initiate any orders such as child support on the mother’s behalf, either.)
In some cases, it’s a good idea to submit to genetic testing before signing an acknowledgment; once it’s done, it’s done, and you’ll have to petition the court to change a signed order.
Maybe you have a suspicion that you are not the child’s father, or maybe you were uncertain of the ramifications of what you signed.
If you signed an acknowledgment and you have doubts, you only have 60 days to complete a Request to Withdraw Voluntary Paternity Acknowledgement form. Please keep in mind that this form also has to be notarized and filed before the courts will consider it.
If it’s been more than 60 days since you signed and you have information that makes you want to withdraw your paternity acknowledgment, you will need to go to court. Your Milwaukee paternity lawyer will have to prove fraud, duress or mistake of fact to reverse the establishment of paternity.
Do You Need to Establish Paternity or Withdraw Establishment of Paternity?
Our Milwaukee paternity lawyers may be able to assist you with your case. We’ll evaluate the circumstances and provide you with a clear plan of action that will get you the best possible outcome, so call us at 414-383-6700 or contact us online today.