Paternity Process in Wisconsin-Brand New!

• Lisa Derr
• September 30, 2020
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A brand new paternity process in Wisconsin went into effect on August 1, 2020. There were three ways to establish paternity in Wisconsin. But as of August 1, 2020, there are now four ways to determine fatherhood.

Marital Presumption of Paternity

We don’t think much about the first method. We just assume a child born to a married couple is the husband’s child. The law presumes that as well. Wisconsin recognizes the husband of a woman who gives birth as the legal father. This is probably the most used paternity process known as the “marital presumption.”

Acknowledgment of Fatherhood

This paternity process flows quickly. When a man signs an acknowledgement of paternity, it creates fatherhood without ever having a court hearing. These forms are at hospitals at the time a child is born.  After the form is signed, the hospital submits the information to Vital Records Services to establish paternity of the new baby. A father who is 17 or younger cannot sign this statement.

Will there be further orders of placement or legal custody? It depends. Are they an intact family? They are if the child and parents live in the same household. If so, the child support agency will not pursue any further orders. Still, the parties can themselves can bring a court action affecting the family. If they do, the order must cover a number of topics including legal custody and placement. It must cover financial issues as well. This includes support, health insurance, tax exemption, and health insurance.

Traditional Paternity Action

The traditional paternity process to establish paternity proceeds through the legal system. The legislature has changed this significantly over the years. It used to be quasi-criminal action. Until recently, the alleged father was called a “defendant.” It is now another family action similar to divorce. A party or the child support agency must file a legal petition. If the parent’s don’t agree, the court can appoint an attorney for the child. There are usually several hearings where the judge ultimately determines paternity.

Administrative Paternity Process

This is law is effective on August 1, 2020. It allows a child support agency can establish paternity. The development and passage took 10 years. First, someone must refer or a mother or possible father to the child support agency. A parent can also apply themselves for services. Second, there is a paternity interview to get background information. Based upon the interview, the child support agency can issue a subpoena for genetic testing. The subpoena will have specific information where and when to show up for a GT (cheek) swab.  If the mother refuses to appear, she could lose public assistance benefits. However, that will not be significantly used. A person who refuses to take a genetic test could also lose their drivers license. This too, we expect will be rarely used. Most likely, the agency will probably just start a traditional paternity action.

Due Process

Fourth, with some exceptions, the test results will conclusively determine paternity by sending results to Vital Records. But the new law made sure to provide due process. People will have two weeks to object before the child support agency sends the test results. The agency must send a notice. If the results are over 99% and no one objects, it will send the results to Vital Records. If someone does not agree, they must object in writing. A phone call won’t work. If they object within the two weeks, the agency will start the traditional paternity action. But the genetic test results will be admissible evidence.