If parents are unmarried and paternity of a child is not established, in most states, the mother is automatically given primary custody rights over a child and is solely responsible for making decisions regarding the child and providing support.
When a father wants to assert his parental rights, paternity can be established by signing a Voluntary Paternity Acknowledgement (VPA) form around the time of birth, which legally establishes the paternity of the child allowing the court to order child support and the father to seek legal visitation/custody rights.
It is not uncommon for parents to marry after a child is born. If the father did not sign a VPA establishing paternity at birth, the parents may sign an Acknowledgment of Marital Child to establish paternity after marriage.
When parents are in dispute regarding paternity, a father or mother can go to court and request DNA genetic testing to establish paternity, which will allow the father to acquire legal rights to seek legal visitation/custody or a mother to seek child support.
When you have questions regarding establishing or disputing paternity, contact the Wisconsin family law attorney Jane E. Probst for answers today.