Establishing Parental Rights With a Paternity Attorney in De Pere, WI

by | Sep 3, 2015 | Lawyers

Wisconsin fathers have the right to initiate their parental rights. In cases in which the father isn’t identified legally, he must take legal action. A paternity attorney in De Pere, WI will help them in these efforts.

Why Are Paternity Lawsuits Filed?

Paternity suits are filed by a mother for state-issued child support, these claims claims are filed against the father. These services allow the court to garnish the wages of the identified father. The fathers launch lawsuits to either prevent garnishment or to establish legal rights.

How to Establish Paternity

Men establish paternity through DNA testing. The testing is required if the mother didn’t list the father on the birth certificate. It is the only guaranteed way to identify the biological father. However, unless the mother agrees to submit the child for testing, the father must acquire a court order.

Court Order for DNA Testing

The alleged father files a paternity suit after the biological mother refuses to submit their child for DNA testing. The court sends an order to acquire DNA from the child. If the mother is married, her husband must submit DNA for testing. The only exception is if he signs an affidavit of non-paternity. The court collects the DNA and reports their findings in a closed hearing.

Establishing Parental Rights and Visitation

DNA testing results identify the biological father. The identified father has the right to initiate their parental rights. They may file a motion for custody or visitation. If the mother retains custody, the father receives visitation rights. However, after the court identifies him as the father, he must pay child support.

The court calculates monthly child support payments. The father must repay any overdue balances if the mother received state-issued child support. The state could take action against the father depending on the amount owed to the state.

Wisconsin fathers must take legal action to gain parental rights. The birth certificate identifies the legal parents of the child. If the mother doesn’t list the father on this certificate, he must prove his paternity. A paternity suit helps the father establish their rights legally. Fathers should hire a paternity attorney in De Pere, WI by contacting the Brabazon Law Office LLC today.

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