Paternity disputes involve far more than a question of biological parentage. They can determine who holds legal rights to a child and more. Understanding how the courts approach these cases may help you prepare for the process ahead.
How Wisconsin law establishes paternity
When a child is born during a marriage, the law treats the husband as the legal father. This rule, known as the marital presumption, stays in place unless it is challenged in court by the husband, the wife or another man seeking to establish his own paternity.
For unmarried parents, both parents can sign a voluntary paternity acknowledgment form shortly after the child’s birth. Once they file the form with the Wisconsin Department of Health Services, it carries the same legal weight as a court order. At that point, the father gains the same rights and financial duties as any recognized parent.
If neither of these options applies, certain parties may bring a paternity case in Wisconsin family court. Under state law, only the mother, an alleged or presumed father, the child, the child’s custodian or the state under specific circumstances can file the action. The court can order genetic testing to identify the biological father and then issue a final legal ruling based on those results.
When either party contests in court
Wisconsin law permits any party in a paternity proceeding to request DNA testing. If the results reflect a statistical probability of parentage at 99% or higher, this creates a legal presumption of paternity, allowing the court to issue a judgment unless other evidence disproves it.
Genetic testing does not resolve every situation, however. Either parent has 60 days from filing or the child’s birth to rescind, provided no court proceeding has started. Once that period passes, overturning a determination becomes substantially more difficult. After that point, a court will only void its decision upon proof of fraud, duress or a mistake of fact..
Why a ruling affects parental rights and support
Child support is one of the most immediate consequences of a paternity ruling. Wisconsin uses a percentage-of-income standard, but the court shifts to a specific “shared-placement” formula if the parents share time with the child at least 25% of the year. Courts may also order contributions toward medical expenses, health insurance premiums and childcare costs.
That ruling also grants the father legal standing to pursue custody or placement time with the child. Without a ruling, an unmarried biological father lacks the authority to make decisions for the child, as state law initially grants sole custody to the mother.