Can I File A Paternity Lawsuit and Divorce Myself in Wisconsin?
Full Question:
Answer:
Yes, a man alleged to be the father on the birth certificate may nring a pro see petition to determine paternity in WI. In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity.
A man is rebuttably presumed to be the father of a child born to a woman if he and the woman were married to each other and the man is listed on the child's birth certificate as the father. However, this may be rebutted by clear and convincing evidence, such as genetic testing, in a paternity action by a man claiming to be the biological father.
A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.
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