Legal Question in Family Law in Wisconsin

Re: visitation of a minor

Your rights to see the child all stem from a determination that you are the biological father.

Paternity may be established any time after the child is born. There are three ways paternity may be established.

1. Voluntary Paternity Acknowledgment - If the parents are sure who the father is and both parents are 18 or older, the parents may sign a Voluntary Paternity Acknowledgment form and file the form with the state. Correctly filing the form fully establishes legal paternity. The father�s name will be added to the birth certificate. Parents may fill out the form and have it notarized at the hospital when their baby is born. All hospitals in Wisconsin have the Voluntary Paternity Acknowledgment form. This form is also available from midwives, county and tribal child support agencies, most county register of deeds offices and the Wisconsin Office of Vital Records in Madison. The parents may complete a Voluntary Paternity Acknowledgment form any time after the child is born.

2. Court Ruling - If the man named as the father denies he is the father or he is not sure, the court will order genetic tests. If the tests prove the man is not the father, the court will dismiss the case against him. (Some local courts may charge a filing fee that can be waived due to hardship. Fees are not charged to parents receiving public aid.)

3. Acknowledgment of Marital Child (Legitimation) - If the parents marry after their child is born, the parents may fill out an Acknowledgment of Marital Child (Legitimation) form and have it notarized. The correctly-filed form gives the child and the father the same rights as if the parents had married before the child was born. The form is available from child support agencies and from the Wisconsin Office of Vital Records.

If your name is already on the birth certificate you must have already signed the Recognition of Parentage (ROP) form and paternity is deemed established. The mother needs to agree to this - it cannot be done unilaterally. If she refuses you must go to court. If she denies that you are the father a genetic test will determine this for certain.