Father's Rights

In Wisconsin, fathers do not automatically obtain parental rights when they have a child with women who are not their wives. The child’s mother has sole custody to raise the child or control custody of the child.

Before they can exercise their parental rights to make decisions for their kids or get a court-approved parenting schedule, unwed biological fathers need to establish their paternity. Fathers who have legally established paternity by voluntary acknowledgment or through a court case can then petition the courts for help with child custody, visitation, and support.

The following are three ways for unmarried biological fathers to establish paternity and gain parental rights:

  1. The two unmarried parents can sign a Wisconsin Voluntary Acknowledgement of Paternity form, which they can obtain at the hospital of the child’s birth, their local child support office, the local register of deeds, or the Wisconsin vital records office.
  2. If the parents later marry, they can sign the Wisconsin Acknowledgement of Marital Child form.
  3. The father can open a court case for paternity or by participating in a paternity case opened by the child’s mother or local child support office.

Once a father has established legal fatherhood of his child, he has the right to request custody and parenting time. However, the court needs to approve a parenting plan which is based on the child’s best interests. In addition, the parenting plan includes orders for physical placement, setting the child’s living arrangement and daily schedule.

Unmarried fathers do not have any obligation to pay child support if the mother or the Wisconsin courts have not identified a child’s legal father through a court action or an acknowledgment of paternity.

If you are interested in seeking paternity, contact our Madison family law attorney at Balisle Family Law Legal Counsel, S.C. and request a free consultation today.

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