Legal Question in Family Law in Wisconsin
Alleged child in Wisconsin-Want custody in Texas
I have an alleged child in Wisconsin and I reside in Houston, TX. All attempts at contacting her mother were in vain. I submitted no DNA sample and never agreed to paternity. All these requests were from Brown County in WI. All my income tax refunds go to her. I have two children of my own in Houston who get nothing because of this, yet the judge in WI deemed it necessary to label me as the father, without any evidence to prove ohterwise. If I establish paternity of the child, I would like full custody. If not, I would like compensation for entering this judgement against me. Do I have a case? Thank You.
2 Answers from Attorneys
Re: Alleged child in Wisconsin-Want custody in Texas
If you are the father as determined in a paternity proceeding, you may seek a parenting schedule and custody. However, custody is determined based on the best interests of teh child. Since you have not established a relationship with the child and given the geographic distance betweeen you and the child, it is very unlikely that you would prevail.
There is no casue of action for compensation based on entering a Judgement against you.
Re: Alleged child in Wisconsin-Want custody in Texas
Under Texas law, if there has already been a determination of paternity, then it may be too late to change it. I don't know about Wisconsin law.
In most states, you can change matters such as child support and visitation if the circumstances change. In your case, that seems probable assuming that there are no blemishes on your record. Full custody seems improbable. You have no relationship with the child and you would be removing the child from the only parent that he or she has ever known. No judge is going to believe that this is in the child's best interest unless harm could be shown by the mother's possession.
I am aware of no law (certainly not in Texas) that would allow compensation for the entering of a family order. There may be a way to overturn the order if you were not properly served and if the mother did not attempt to find you. You need to see an attorney for that. I just successfully overturned an order where the other party did not properly serve the mother or acquire proper jurisdiction.