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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 32810
Experience:  16 yrs. of experience including family law.
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wisconsin child custody laws if a women and her husband have

Customer Question

wisconsin child custody laws if a women and her husband have been the father and mother to a child husband is on brith cerf. but is not the bialical father. Bialical Father is now fileing for custody of "his" son (name nowhere). What can she do to stop. this child is 17 months old and doesnt know this man as his dad and I cann't find information on this for her about the laws
Submitted: 5 years ago.
Category: Family Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The biological dad...has he filed suit already? Had mom provided DNA sample for the child?
Customer: replied 5 years ago.

Yes he has They did a home DNA

Expert:  P. Simmons replied 5 years ago.
OK, home DNA will not suffice...has he actually filed a court date? Is there a hearing set?
Customer: replied 5 years ago.
Yes Dec 6th
Expert:  P. Simmons replied 5 years ago.

Last ones:

Is there a chance that this man is actually the father?

Do you have a lawyer yet?

Customer: replied 5 years ago.
Yes he is colored and her husband is not .Home DNA did comform. No we are trying to find out what rights he (biological dad) has so far (can find in writing) is that if her husband name is XXXXX XXXXX Brith cerf. that he(biological dad) has no rights (from child support). So I'm tring to find information to support this or not so she knows where she stands. She cann't afford one thats why I'm trying this
Expert:  P. Simmons replied 5 years ago.

OK, unless or until the court orders that the birth certificate be changed, this man (the one who is taking mom to court) has no rights to the child. Period.

However, if he is the dad...if the DNA shows he is the dad...then there really is not much mom can do without a lawyer. The court will order a DNA test and if the test confirms this is the dad, the court will order custody. Most likely the court would give dad some visitation...not likely primary custody.

I asked about a lawyer, since if mom wants to fight this, then she needs one. There reallly is no other way around this...if dad has a court date set, and he has the DNA, the only way to fight this is with a good lawyer.

Let me know if you have more questions