Category Archives: Paternity

Posted inPaternity

When a Paternity Adjudication May Not Be in Child’s Best Interest

A new statute has established that a paternity adjudication may not always be in the best interest of the child, even if genetic testing has already occurred. As noted in our January 2015 blog (found here: https://kwvfamilylaw.com/wisconsin-paternity-update/), Wis. Stat. §767.863(1m) provides, “In an action to establish the paternity of a child who was born to […]

The Impact of Domestic Violence on Legal Custody Orders in Wisconsin: Follow-Up

This blog entry will provide a more in-depth discussion about the ways domestic violence can impact legal custody determinations, in Wisconsin. When domestic violence is part of a relationship, making decisions together as parents can be impossible, and it stands to reason that a parent who has abused the other should not make major decisions […]

Discovery in Wisconsin Family Actions

If you are involved in a Wisconsin divorce, paternity action, or a dispute about legal custody, physical placement and support of a minor child, you have probably heard about the discovery process. A party to a Wisconsin family action, such as a divorce, may choose to undertake formal discovery, to find out more information about […]

Legal Custody

Misconceptions exist, as to what legal custody of a child is and means. Many times, in a divorce or paternity proceeding, a parent will come into the divorce or paternity process asking for “full custody.”  There is no such term, under Wisconsin law. Also surprising to parents at the outset of a divorce or paternity […]

Establishing Paternity

When the parents of a child are unmarried, it would be beneficial for the father to establish legal paternity. If paternity is not legally established, the mother has sole custody and placement of the child, and the father has no legal rights. This is the case even if both parties know who the biological father […]

Posted inPaternity

Wisconsin paternity update

The Court of Appeals recently decided a case addressing the ability of a biological parent to assert his Wisconsin paternity. The case is Stuart S. v. Heidi R. and can be found online at http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=133315 In this case, Heidi R. and Scott R. were married, but split up for a time. During that time, Heidi […]

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