Full question:
I was married to a lady in Milwaukee, Wisconsin, in 1999. Our marriage became real rocky and she stated that she was pregnant. I believed the child was mind. Before I moved to Georgia, I started seeing a big change in the way the child was looking. He did not look like me or my wife. She filed for divorce against me in 1999, and I agreed to the divorce but I wanted a blood test. She moved away. Since I was no longer living in Wisconsin, it was hard to find her. Later on, my family started to see her again and the little boy. I went to Wisconsin and took a DNA TEST and it came out that I was not the father. I want to know how can I go back to court and get an order or amend that divorce order stating that the little boy is not mine.
- Category: Paternity
- Date:
- State: Wisconsin
Answer:
See the Wisconsin Paternity Law and Procedure Handbook on our website at WI-599P.
A Voluntary Acknowledgment of Paternity form can be obtained by mail from:
Wisconsin Department of Health and Family Services
Division of Health Care Financing
Vital Records Section
PO Box 309
Madison, WI 53701-0309
Telephone: For automated assistance 24 hours a day, call (608) 266-1371. To contact the service counter during the hours of 8:00 A.M. to 4:15 P.M. (C.S.T.), Monday through Friday, call (608) 266-1373.
Venue - §767.01(3)
The venue, or location, of a paternity action is in the circuit court and may be either the county in which the child whose paternity is at issue resides or is found or the county in which the alleged father resides or is found. In addition, if the alleged father is deceased, his personal representative may bring an action to establish paternity in the county in which proceedings for
probate of the alleged father’s estate have been or could be commenced.
Parties - §767.45(1)
The following persons may commence an action to determine the paternity of a child:
a. The child.
b. The child’s natural mother.
c. A man presumed to be the child’s father based upon: (1) a written acknowledgment of paternity filed with the state; or (2) upon the marriage of the man to the child’s natural mother either at the time of conception or after the child’s birth if he and the mother had sexual intercourse during a time of possible conception.
d. A man alleged or alleging himself to be the father of the child.
e. The personal representative of a person listed above if that person has died.
f. The legal or physical custodian of the child.
g. The state or an attorney designated to represent the county in child support and paternity actions if a completed application for legal services has been filed with the county child support agency or the child’s parent receives W-2 benefits.
h. The state, if there is no father’s name listed on the child’s birth certificate.
i. A guardian ad litem appointed for a child in certain situations.
j. A parent of a person listed in items b., c. and d. above, if the parent is liable or potentially liable for maintenance of a child of a dependent person.
k. A grandparent of a child if the child’s parent has filed a statement acknowledging paternity or a statement of parental interest, in conjunction with an action seeking visitation rights for the grandparent.
Limitations - §893.88
In general, an action to establish the paternity of a child must be brought within 19 years of the child’s birth.
Genetic Testing
Wisconsin Statute §767.48 (1m) states that when genetic testing shows a 99% probability that a man is the father of a child, a rebuttable presumption of paternity is created.
Paternity-related Links
You may be able to obtain paternity action forms from the County Family Courts.
St. Croix County Family Court:
http://www.co.saint-croix.wi.us/Departments/ClerkOfCourt/family.htm
WI Dept Workforce Dev. – Voluntary Paternity Acknowledgement
http://www.dwd.state.wi.us/bcs/pubs/path.htm
http://www.dwd.state.wi.us/bcs/pubs/pes673.htm
Wisconsin State Law Library
http://wsll.state.wi.us/topic/familylaw/paternity.html
Green County Family Court: The Paternity Process (overview)
http://www.greencountyfcc.org/paternity.html
WI Courts
http://www.courts.state.wi.us/global/court_forms_summary.html
WI Legislative Council Paternity (legal summary)
http://www.legis.state.wi.us/lc/jlc00/LM_2000_15.pdf
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
