What Rights Do Unmarried Fathers Have in Child Custody Disputes?

 Posted on September 06, 2024 in Paternity

Child custody disputes are often complex and tense procedures. If the parents are unmarried, they can also be confusing. Unmarried fathers sometimes have certain assumptions about what rights they do or do not have, which can make any child custody case more challenging and emotionally charged.

That is why a Wisconsin child custody attorney is key to navigating such disputes successfully. An experienced lawyer can protect the parental rights of an unmarried father and aggressively pursue the best judgment for both the father and the child.

In this article, we will explore father’s rights under Wisconsin law and how to establish paternity to claim those rights.

What Rights Do Unmarried Fathers Have in Wisconsin?

Wisconsin law recognizes the importance of both a mother and a father in their child’s life. Therefore, fathers, by default, have the same rights and responsibilities to their children that mothers do. However, if the parents are unmarried, the mother automatically has sole legal custody of the child. Legal custody in Wisconsin refers to making decisions for the child, while physical placement refers to spending time with him or her.

If the mother does not agree to split custody or placement with the father, he can try to obtain a court order. The court will divide custody and/or placement between the parents based on what the judge feels is in the child’s best interests.

To secure a court order, however, the father must establish paternity.

How Do I Establish Paternity?

Establishing paternity means that you are recognized by the state as the biological father of your child. When a baby is born to married parents, the husband is presumed to be the father. In the case of unmarried parents, however, the law does not presume to know who the father is. In that case, there are four ways for a father to establish his paternity:

• Voluntary Paternity Acknowledgment: The father and the mother both sign a Voluntary Paternity Acknowledgment form, which any hospital can provide upon the child’s birth. This means both parents attest that the man is the child’s father.
• Court ruling: The father can petition a court to issue an order of paternity recognizing his fatherhood. However, he will likely be required to take a DNA test to support his claim, especially if the mother disputes his paternity. If it is the mother who petitions the court and the man fails to show, the court may issue a default judgment recognizing him as the father.
• Administrative paternity: This happens if the county child support agency subpoenaed the man to submit to a genetic test. If the results show a 99 percent match and there is no other presumptive father, his paternity may be established.
• Acknowledgment of Marital Child: This is similar to Voluntary Paternity Acknowledgment. An Acknowledgment of Marital Child form is signed by two parents who get married after the birth of the child.

Contact a Madison, WI Child Custody Attorney

Fathers have the same rights as mothers under the law once their fatherhood is recognized. At John T. Fields & Associates, LLC, we will help guide you through the process of establishing paternity and also fight to protect your rights to your child. Contact a Rock County, WI child custody lawyer by calling 608-729-3590 today.