For fathers who want to be actively involved in their child’s life, establishing legal paternity is essential. Without it, a father may have no legal rights to custody, placement, or decision-making regarding their child. In Wisconsin, the law does not automatically recognize an unmarried father’s parental rights, even if his name is on the birth certificate. To secure these rights, legal paternity must be established. If you are a father seeking to protect your parental role, working with an experienced Milwaukee paternity attorney can help you navigate the legal process and assert your rights.
1. Why Establishing Paternity Is Important
Establishing paternity is crucial for both fathers and children. Without legal paternity, a father:
- Has no automatic custody or placement rights to see or care for the child.
- Cannot make important decisions about the child’s upbringing, such as healthcare or education.
- May struggle to build a strong relationship with the child if the other parent refuses access.
For children, paternity provides:
- Financial support, including child support and inheritance rights.
- Health benefits, such as medical insurance from both parents.
- Emotional stability by having a legal connection to both parents.
2. How to Establish Paternity in Wisconsin
There are three primary legal ways to establish paternity in Wisconsin:
Voluntary Paternity Acknowledgment (VPA)
If both parents agree on the father’s identity, they can sign a Voluntary Paternity Acknowledgment (VPA) form at the hospital or later through the Wisconsin Vital Records Office. This is the simplest and quickest method. However, a VPA only establishes legal paternity—it does not automatically grant custody or placement rights. A separate court order is needed for those rights.
Court-Ordered Paternity
If there is a dispute or the mother does not acknowledge the father, a paternity case can be filed in family court. The court may order genetic testing to confirm the biological relationship. Once paternity is established, the father can request custody, placement, and parenting rights.
Presumed Paternity Through Marriage
If the parents are married when the child is born, the husband is automatically presumed to be the child’s legal father. No further legal action is necessary unless there is a challenge to paternity.
3. Fathers’ Rights After Paternity Is Established
Once paternity is legally confirmed, the father can petition for:
- Custody (decision-making rights) over the child’s upbringing.
- Physical Placement (visitation schedule) to establish regular parenting time.
- Child Support Arrangements to ensure financial responsibilities are fairly distributed.
Without these legal steps, a father may face challenges in maintaining a meaningful relationship with his child.
4. How an Attorney Can Help
Establishing paternity can be complex, especially if one parent disputes it. A skilled Milwaukee attorney can:
- File legal paperwork to establish paternity.
- Petition for custody and placement rights.
- Advocate for fathers’ rights in court to ensure a fair outcome.
Conclusion
For fathers, establishing paternity is the key to securing legal rights and ensuring an active role in their child’s life. Whether through a voluntary acknowledgment or a court case, legal paternity provides both the father and child with essential protections. If you need assistance with a paternity case, consulting with an experienced divorce lawyer in Milwaukee can help you navigate the legal process and safeguard your rights as a father.
