If the parents aren’t married when a child is born, fathers don’t automatically have the right to share custody or make important decisions. In some cases, you may have to establish paternity to prove that a child is yours to support your legal rights. Below is an overview of a father’s rights under Wisconsin family law.

The Rights of Unmarried Fathers

If you weren’t married when your child was born, you must legally establish paternity to gain visitation and custody rights. In Wisconsin, this is usually accomplished by signing a Voluntary Paternity Acknowledgment form at the hospital when the child is born. You may also submit the paperwork to the Office of Vital Records later.

Taking Paternity Action

Unfortunately, the mother may deny that you are the father and refuse to sign the acknowledgment form. In this case, you may have to take legal action. Family law allows fathers to submit a petition with the family law court. The other parent may either concede that you are the father, or the judge may order a DNA test. If the test results are positive, you’ll likely be granted the right to spend time with your child and participate in important decisions.

When Parents Divorce

If a child is born into wedlock, the husband is presumed to be their biological father, which comes with legal rights and responsibilities. Family law courts generally try to preserve relationships between parents and their children by ordering shared custody arrangements whenever possible. You also have the right to participate in decisions regarding your child’s medical care, education, and religious upbringing.

If you adopted your former spouse’s children while you were married, you also have a right to be part of their lives. 

Family law can be confusing, especially when you’re dealing with a difficult legal situation. Since 1991, Arndt Buswell & Thorn S.C. has provided legal support and detailed advice to fathers throughout central and western Wisconsin. Visit their website for more on their family law services, and call (608) 486-2257 to schedule a consultation at their office in Bangor. To speak with an attorney in Sparta, call (608) 269-1200.