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Paternity Law In Wisconsin

DECLARATION OF PATERNAL INTEREST

Don’t let your parental rights be terminated without your knowledge!!

Do you believe someone you slept with could be carrying your child?  If so, do you want to be notified if the mom is making the important decision to give the child up for adoption? If the answer is yes, you must file a declaration of paternal interest which can be found at: https://dcf.wisconsin.gov/files/forms/pdf/0019a.pdf

This declaration can be filed as soon as you suspect a child could have been conceived but it must be filed either 1) before the birth of the child  2) within 14 days after the birth of the child or 3) if the possible father receives notice under Wisconsin Statute 48.42(1g)(b) that the mother of a child under the age of one is seeking to voluntarily terminate her parental rights and has identified him as the father. 

If it is not filed, any potential father’s rights could be terminated and the child could be placed for adoption with only a tiny notice published in a local paper!

This filing is confidential and can only be used by children’s court proceedings.

Filing a declaration of paternal interest does not establish parental rights to a child. The potential father will need to take further action to establish and protect his rights and responsibilities as a father!!

Need help?? Contact Petit & Dommershausen today at 920-739-9900!

With three convenient locations in Oshkosh, Appleton and Green Bay. We serve all of Northeast Wisconsin including Outagamie, Winnebago, Waupaca, Calumet, Brown, Oconto, Marinette and Fond du Lac counties.

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Do I have to go to mediation? And why do I have to take a parenting class first?

I have had many parents ask me why they have to participate in mediation. They often explain that they have not been able to reach an agreement with their child’s other parent on their own, and therefore mediation just won’t work. What those parents don’t realize, and what I explain to them, is that Wisconsin’s family court laws have made mediation the required first step.  Wisconsin Statute 767.405(5) directs that a court must refer parents with placement and custody disputes to their county’s mediation program.  In addition, parents are required to attend a parenting class, which usually doubles as the mediation orientation session. The focus of this programming is often related to co-parenting communication and explanations of how the mediation process works.   Though you should not agree to any custody arrangements you can’t deal with for at least a couple years, most of the local counties have very high rates of successfully getting parents to an agreement.   There are only limited circumstances in which you can bypass the mediation process and proceed directly to a GAL (guardian ad litem).

Continue reading Do I have to go to mediation? And why do I have to take a parenting class first?

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Benefits of Establishing Paternity

Establishing paternity has many benefits outside child support, but proof of paternity is required to receive those benefits. Many of the benefits only come into play in the event of the father’s death, therefore you shouldn’t delay establishing legal fatherhood.