Legal Question in Family Law in Wisconsin
How to Adjucate Paternity for a Father when the Mother Cannot be Found
How do you get an adjudication of paternity when the mother has absconded to an unknown location and the father, who has placement of the child, is unable to serve the mother personally or by certified mail. In our case, the father had DNA testing completed, which shows that he is the father of the minor child. He would like to be adjudicated the father; however, it does not appear that the statutes allow for publication in paternity cases. It seems that this would be a ridiculous result that a father, when DNA testing is used, cannot be determined as the father, because the mother has chosen to abandon the child and abscond from the jurisdiction without leaving any forwarding information as to her whereabouts. Any suggestions on how there can be an adjudication or has anyone used publication in a paternity case, where you can argue to the court these facts where you have actual DNA testing, which clearly determines that the father is the child's father.
2 Answers from Attorneys
Re: How to Adjucate Paternity for a Father when the Mother Cannot be Found
This is information and not legal advice. In the past child support departments usually publish in your type of cases. They use the same law they use for divorce, etc.
It is a long tedious process. I know that depending on which county you live in, the Department of Child Support Enforcement usually takes care of these procedures. If you hunt long enough for the law, you'll find that they are federally mandated to commence paternities as their funding is contingent on it. If you persist long enough, you will complete the adjudication. Child support attorneys are generally extremely helpful. So find one. If you can't find one I strongly encourage you to seek counsel in your area. This is not a pro se type case.
Atty. Ernesto Romero
www.WisconsinForms.com
Re: How to Adjucate Paternity for a Father when the Mother Cannot be Found
This is an unusual twist on the common situation
of a father who cannot be found. In the latter,
the court may sometimes permit service by publication
after proper investigative efforts and service
attempts have been demonstrated. I see no
reason why this could not work just as well
for terminating the rights of the mother. In either
case, courts will generally refuse to terminate unless
a better alternative parent is stepping forward
to adopt the child.
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