How Long Does a Father Have To Establish Paternity in WISCONSIN

In Wisconsin, paternity can be legally established anytime before the child turns 19. Below is a brief overview of the process.

Who Can Start the Process?

The unmarried woman (mother), potential father, or a legal representative of the child may initiate the paternity establishment process. The main methods include:

• Signing a voluntary Declaration of Paternity Affidavit (DPA) form.
• Independent genetic testing agreed upon by both parents, the results of which can be used in court or lead to the signing of a DPA if undisputed.
• Or, the state or legal guardian of the child can file a paternity action on the child’s behalf.

How to Establish Paternity in Wisconsin For Married Couples?

Paternity is automatically established when the parents are married at the time of the child’s birth. No further action is necessary.

For Unmarried Parents

Unmarried parents can establish paternity through one of two methods:

• Voluntary Paternity Acknowledgment (VPA) Form Both parents can sign the VPA form, usually at the hospital after birth or later at a local registrar or paternity registry office. The Voluntary Paternity Acknowledgment form is legally binding once signed and filed with Wisconsin Vital Records. Signing this form establishes legal paternity without court involvement.
  Important Note for Minor Parents: If an alleged father or mother is under 18 years of age and unemancipated, their parent or legal guardian may also need to sign the VPA form for it to be valid.
• Court Petition If the parents disagree about paternity, either parent can file a petition through Wisconsin’s child support agency or directly with Family Court. After the court accepts the petition and schedules a hearing, a judge may order genetic testing to determine paternity.

Important Paternity Consideration:

Please note that in cases where the mother is married to another person, a Voluntary Paternity Acknowledgment (VPA) cannot be signed due to the presumption of paternity of the husband.

Time Limits and Legal Effects

Establishing paternity is a legal process that can have significant implications. Generally, an alleged father, mother, or legal guardian of the child has until the child’s 19th birthday to initiate a paternity action.

A child can also file a petition to establish their own paternity. It’s important to note the specific timeframe: a child can initiate this process until their 19th birthday. This means that once a child reaches 19, they typically can no longer file to establish their own paternity.

When a child does not have a presumed, acknowledged, or legally adjudicated father, any of the aforementioned parties can begin the legal process to establish paternity.

Establishing paternity leads to several key legal effects, which often include:

• The father being required to pay child support.
• The father potentially receiving visitation rights.

Presumption of Paternity in Wisconsin

A man is presumed to be the legal father if:

• He is married to the mother when the child is born.
• The child is born within 300 days after the marriage ends. This presumption applies even if the husband is not the biological father.

What You Need to Know Before Signing a Voluntary Paternity Acknowledgment Form?

Before signing an Voluntary Paternity Acknowledgment (VPA) (at a hospital or child support office), both parents must:

• Receive written and oral information about:
  • Available alternatives.
  • Legal rights and responsibilities.
  • Consequences of signing the document.
• Have the opportunity to review all information privately, without the other parent present.
• An alleged father or mother who is under 18 years of age can sign a VPA form, though if unemancipated, their parent or legal guardian may also be required to sign.

Important: After signing, the VPA form is legally binding and no further court action is required to establish paternity.

Can Paternity Establishment Be Rescinded in Wisconsin?

Yes. Wisconsin allows paternity rescission under specific conditions and time-frames.

Within 60 Days of Signing Both parents must:

• Sign a Rescission of Declaration of Paternity Affidavit
• File with the clerk of the circuit court of the county where the child was born.

After 60 Days: File a court case proving one of these conditions:

• Duress: Coercion or threats at time of signing
• Material fact mistake: Incorrect information that would have changed the decision
• Fraud: Intentional deception about paternity.

Important Restrictions

Mother cannot rescind paternity alone after signing

• No rescission allowed after one year expires
• Court must approve all post-60-day rescissions

Required Documentation

• Original Voluntary Declaration of Paternity
• Rescission forms (available from) West Virginia Department of Health and Human Resources.
• Supporting evidence for fraud/duress/mistake claims

Establishing Joint Legal Custody for Unmarried Parents Custody Types

• Physical Custody: Determines where the child lives.
• Legal Custody: Determines decision-making authority over education, healthcare, religion, and access to records.

Default Custody Status

• The mother automatically has physical custody unless a court orders otherwise.
• The mother has sole legal custody by default.

Requirements for Seeking Joint Legal Custody

Unmarried parents who wish to establish joint legal custody must first establish legal paternity (e.g., by completing a VPA form or through a court order based on genetic test results from an accredited laboratory). Establishing paternity provides the father with the legal right to petition the court for custody and visitation arrangements, including joint legal custody.

Important:

• When genetic testing proves that the man who signed the VPA form is not the biological father, he remains the legal father until a court order vacates the paternity judgment. If the paternity is successfully challenged and vacated, his legal parental rights and responsibilities are ended.
• The mother retains sole legal custody by default unless a specific court order for joint or other custody is obtained.

Benefits of Establishing Paternity in WI For the Child

• Financial support from both parents.
• Access to father’s health insurance.
• Inheritance rights through the father.
• Access to father’s family medical history.
• Eligibility for Social Security benefits.

For Parental Rights

• Both parents participate in child-naming decisions.
• Father gains legal recognition.
• Establishes a foundation for custody arrangements and visitation rights.

For Legal Implications

• Enables enforcement of child support.
• Creates legal basis for parental responsibilities.
• Protects father’s right to involvement in the child’s life.
• Provides documentation needed for government benefits.

Note: Married fathers do not need to establish paternity because they are presumed legal fathers if married when the child is conceived or born.

How to Get a Court-Ordered Paternity Test in Wisconsin?

Paternity can be established through:

• Court Process: Filing a petition requesting a court-ordered DNA test.
• Mutual Agreement: Both parents agree to testing without court involvement.

Requirements:

• Only tests performed by our partner AABB-accredited laboratory will be recognized for legal use in court.
• Test results establish biological relationships accepted by Family Court in Wisconsin.

Why Choose Secure DNA Tests Wisconsin?

Secure DNA Tests Wisconsin offers:

• Personalized service tailored to your needs.
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Do I Need a Lawyer for a Court-Ordered Paternity Test in WI?

No. Either parent can file a paternity petition with Family Court without a lawyer. The judge may order DNA testing to confirm paternity.

Does Signing a Birth Certificate Establish Paternity?

No. Unmarried parents in Wisconsin establish legal paternity by signing a Voluntary Paternity Acknowledgement form. The form gets filed with The State of Wisconsin Vital Records. The signed VPA form establishes paternity of the child. This allows adding the father’s name to the birth certificate. The birth certificate alone does not establish legal paternity for unmarried fathers.claration of Paternity form. The form gets filed with the West Virginia Department of Health and Human Resources.

The signed DPA form establishes paternity of the child. This allows adding the father’s name to the birth certificate. The birth certificate alone does not establish legal paternity for unmarried fathers. does not establish legal paternity for unmarried fathers.lows adding the father’s name to the birth certificate. The birth certificate alone does not establish legal paternity for unmarried fathers.