Legal Question in Family Law in Wisconsin

i became pregnant with my boyfriends baby while i was still married to my exhusband. I wasnt aware of it til after the divorce was final. Now the child support agency is telling me my ex husband will automaticly be placed on the birth certificate as the father. Me and my boyfriend would like to have a paternity test done as soon as the baby is born to prove he is the father (there is no question that he is the father and my exhusband has no wish to be involved and he is aware of the situation. We were separated along time before our divorce was final.) the test can be done within 2 to 5 days and be taken in the hospital. Will my exhusband still be put on the even if we pay for the test and have the results before the birth certificate is completed?


Asked on 6/14/11, 5:01 pm

1 Answer from Attorneys
Jennifer Hanna Wren & Gateways Law Group, LLC

In Wisconsin, there is a presumption that a child conceived in wedlock is the husband's child. In practice, it can be very difficult to get the courts (and child support agency) to acknowledge anyone else as the father. If your husband will assert in writing that he could not possibly be the father, and your boyfriend is willing to take responsibility, you may be able to convince the child support agency not to pursue your ex-husband without taking matters to court. You or your ex-husband may wish to retain a lawyer if you don't think you can argue this effectively on your own.

Good luck!

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Answered on 6/15/11, 7:54 am


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