When you have children outside of marriage and your child’s other parent is preventing you from seeing your child, you need to establish paternity in order to assert your rights. In Wisconsin, this process is called adjudication of paternity.
Because your children are important to you, it is vital that you seek the guidance of a lawyer to help you correctly navigate this complex and confusing process. At Murphy Johnson & Trampe S.C., we have helped numerous clients establish paternity and show the court why it was in the best interests of the children to allow them to spend time with that parent.
Establish Parental Rights
Establishing paternity is especially important for issues involving:
- Child custody
- Child support
- Child placement
- Health insurance
- Tax exemption
- Birth expenses
It is important to establish Paternity in cases where parents are not married, if the parents are separating and they would like the Court to establish Custody, Placement, and Child Support Orders. The state of Wisconsin may also initiate a Paternity action when one or both parents receive state aid. The parents, or the state of Wisconsin, may initiate an action while the parties are still residing together as well to establish custody and placement agreements.
Voluntary Paternity Acknowledgement
In Wisconsin, there is a unique form called a voluntary paternity acknowledgement (VPA) that you can sign to establish paternity. This form can be signed at the hospital shortly after the birth of a child, and both the mother and father must sign it. When this happens, you are considered the child’s legal father. If you do not sign a VPA and paternity questions arise later, you must go through the complicated and expensive genetic testing process. Contact us to speak with an experienced attorney about whether you should sign a VPA, or if you have paternity issues that will require you to obtain genetic test results.
Initiating a Paternity Action- Pre Judgment
There are several ways to establish paternity:
- The father signs a voluntary paternity acknowledgment (usually at the hospital after birth of the child). This form can also be obtained online.
Paternity acknowledgment should not be taken lightly. If you have concerns regarding this step please contact one of our attorneys.
- Either parent may Petition to establish paternity. The parties may then file a stipulation consenting to paternity (acknowledgment will do as well) or the Court will hold a hearing to establish paternity and will request that the alleged father take a paternity test.
Once paternity is adjudicated the parties will have a post-judgment hearing to establish the following:
- Child support.
Please review these issues within our divorce links as the issues are dealt with in the same manner in Paternity actions.
If you are having difficulty with a spouse or opposing party not following Court Orders, you may have cause to file a Motion for Contempt. A Contempt Motion may be utilized to assist an individual in getting compliance with Court Ordered child support, placement, maintenance, etc. Navigating Contempt filings can be difficult and scary. If you would like to discuss your concerns regarding filing for Contempt or defending yourself from a Contempt filing please contact our office for a thirty minute free consultation.
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Murphy Johnson and Trampe S.C., has extensive experience in family law. We provide a combination of deep industry knowledge and personal experiences to meet the individual needs of each client.
Read what our clients are saying!
Attorney Abigail Gilman was a pleasure to work with, always professional, very detailed, always had my best interests in mind and helped me to get the best results without trial! There were times I slacked off in getting her info and documents she needed and she got on me about it which was great because my motivation was low! I would highly recommend Abby to anyone in need of a lawyer, i hope I never need another one however I would consider her a good friend also! Thanks again Abby
When I first went to Phillip at my free visit, he was very compassionate and listened to everything I said. My request was an unusual one, I wanted to be allowed to see my grandson. Phil fought very hard to make that happen & now I get to see my grandson every month. I would recommend Phil to anyone that was having the issues that I was having. Thanks you so much Phil
I met Phil in the March of 2014 when I went for the free consultation about filling for a divorce. From the first meeting and throughout the entire divorce process he was very honest, friendly, always available to answer any of my questions or concerns. He fought for my benefits every step of the way , him and his staff were always there to take my calls , give advice and encouragement when I needed it. I would recommend his services to everyone who is looking for a fair, knowledgeable, professional and successful legal services