Why You May Need A Paternity Determination

April 26, 2009

If you live in Wisconsin, have a child and were never married to the other parent, you need a formal determination of paternity in order to establish certain legal rights and responsibilities.   This is true even if the father’s name is on the birth certificate, and even if the child is given the father’s last name.  This is true even if the parents are living together.  This is true even if the parents have a great co-parenting relationship without the “benefit” (hassle) of legal intervention.

If you are a father, here is some of what you are missing:

  • You have no legal custody rights;
  • You have no rights to physical placement (physical custody);
  • Your child has no right to inherit from you;
  • Your child has no right to receive social security benefits based upon your earnings record in the event of your death or disability;
  • You have no legal input in the selection of your child’s last name;
  • You have no right to collect child support;
  • You have no right to collect reimbursement for child-related expenses;
  • You have no right to claim the child as a dependent/exemption for income tax purposes

If you are a mother, here is some of what you are missing:

  • You have no right to collect child support;
  • You have no right to collect reimbursement for child-related expenses;
  • You have no right, as the child’s custodian, to receive social security benefits for the child in the event of the father’s death or disability

In Wisconsin, paternity can be established in one of two ways:  a voluntary acknowledgement of paternity or a formal court adjudication of paternity.  Many of my clients have called the voluntary acknowledgement paperwork the “blue form” they received in the hospital.  This is different from the birth certificate paperwork.   A voluntary acknowledgement has a binding, legal effect and is filed with the State of Wisconsin with other vital records.  For more information on voluntary acknowledgements, visit http://dcf.wisconsin.gov/bcs/path.htm.

If a voluntary acknowledgement is not possible, a court action may be started to have the Court make a formal adjudication of paternity.  Fathers and mothers both have standing to begin a paternity case.   If a parent is receiving public assistance (welfare benefits), the State of Wisconsin will typically file a paternity case in the courts.  Private divorce & family law attorneys, like me, also frequently assist clients in establishing paternity. 

For more information about establishing paternity, visit:

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