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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38229
Experience:  Attorney with 17 years experience
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Looking to establish paternity but the mother of my child is

Customer Question

Looking to establish paternity but the mother of my child is married to someone else is there anything that I can do to establish that I am the father.
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Can you tell me how old the child is?.Was the mother married when the child was born?..thanksBarrister
Customer: replied 2 years ago.
Yes and 7 months
Expert:  Barrister replied 2 years ago.
Ok, although the husband would be the presumptive father, the statute of limitations in WI for filing a paternity action is 19 years from the child's birth..Under WI Statutes 767.863, the mother could contest the petition and allege that it is not in the "best interests of the child" to allow it and then it is up to the judge to determine whether to order a DNA test or not. But this type of action is only normally denied if it has been at least several years since the child was born and there is an intact family and marriage and the judge feels that it would be too disruptive for the child..(1m) Paternity allegation by male other than husband; when determination not in best interest of child. In an action to establish the paternity of a child who was born to a woman while she was married, if a male other than the woman's husband alleges that he, not the husband, is the child's father, a party may allege that a judicial determination that a male other than the husband is the father is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male other than the husband is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed..So you could file a paternity case in the local family court to have a judge order a DNA test to confirm or disprove paternity. If you are proven to be the bio father, then you could seek a custodial or visitation order establishing your rights to spend time with the child...thanksBarrister
Customer: replied 2 years ago.
I know that the mother does not want me to persue paternity. She wants to pass the baby off as her husbands. So can I still go to the courthouse and ask them to court order one.
Expert:  Barrister replied 2 years ago.
Yes, that is the whole purpose of filing the paternity action...to force the mother to have the child submit to a DNA test to determine who the biological father is. She doesnt' have to agree, as the judge can order her to submit to the test. And since this is for an infant, then the argument that it is not in the child's best interests would be hard to make to convince the judge to deny the petition...thanksBarrister
Customer: replied 2 years ago.
So its as easy as going to the courthouse and asking for a form.
Expert:  Barrister replied 2 years ago.
Not quite. You have to file a formal paternity lawsuit in the local family court where the mother lives. The family court would have the forms that you need to complete and file. Then you have to have the complaint served on the mother by the sheriff, but the clerk can help with that as well. After that, there is a hearing where you would both appear and argue your respective sides and at the end, the judge would make a decision on whether or not to order the DNA test..Once the test comes back to the court, then if you are the bio father, you can request that the judge enter a custody or visitation order so you can spend time with the child. It is also likely that the judge would order some type of child support to be paid to the mother as part of the case...thanksBarrister
Customer: replied 2 years ago.
What I meant was I can just go to the local courthouse ask to file a paternity suit and then go from there.
Expert:  Barrister replied 2 years ago.
Yes, you can go to the local family court where the mother lives and tell the clerk that you are interested in filing a paternity action and they can then usually provide you with the forms to start the case if you don't want to hire a family law attorney to assist....thanksBarrister
Customer: replied 2 years ago.
I went to the child support agency and they told me that there was nothing they could do and that I would need legal help why wouldn't they say to petition the court.
Expert:  Barrister replied 2 years ago.
The child support agencies will only help the mother if they are going after the father for support. Since it would be you that would be paying, rather than receiving, then they won't help you.
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But things tend to go a little smoother if you were to contact a local family law attorney to help with filing the petition, especially if the mother will object to the petition.
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It is kind of like pulling your own teeth...you can do it, but it goes better and is less painful if you have a dentist do it..
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thanks
Barrister
Customer: replied 2 years ago.
I really cant afford an attorney.
Expert:  Barrister replied 2 years ago.
Ok, you don't have to have one, but if you could afford one, it is usually easier because the attorney would normally be able to respond to any argument she might make in a legal manner. If you think she will hire an attorney, then it may make things more difficult because they will be bringing up every negative thing that they can think of about you and your past to try to get the judge to deny the petition..
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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.
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thanks much
Barrister