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  1. #1

    Default Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Father

    My question involves paternity law for the State of: Wisconsin. My ex signed my daughters birth certificate when we were married, he knew she was not his. Then we divorced and the GAL wouldn't recommend a paternity test for him since we both knew he wasn't bio father. Weve been divorced for a year now, shared custody , primary placement with me (mother). Legal father has chosen not to be involved. Pays support, has not seen or called her in 3 and a half years. He is current in Support though. My daughter is on medicaid and daycare assistance through the state. I spoke with bio father and he said he'd like a paternity test 50/50 placement (so he don't have to pay support he says). I'm unsure (after 5 years of not knowing her) if the court would even allow bio dad to take a test. However legal father is absent but pays support. I spoke to someone that said I would have to co operate with child suppport, which is fine, for her to be eligible for her programs she's involved in. Her bio father stopped texting me, wouldn't answer phone, when I told him that there is no way around support. He DOESN'T want to pay support. So I'm afraid to try and establish paternity with him cause i worry that he may try and say he dont wanna be her dad, then once starts paying support i think he would be bitter toward me, and maybe her. I feel like I don't want the absent father paying support forever but i dont want to force bio father into being a dad. If he wanted to couldn't have he made me go to court for a test ? Bio asked about one when she was like 2 but blocked me online and never went for papers for test. I just wanna know what the courts would say is the best situation for myh daughter. I want whats best for my daughter without compromising her medicaid and daycare assistance. Bio father has my # but chooses to be immature and ignore me.Complicated situation. Please help.

  2. #2
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    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    Why would the State be going to go after bio Dad? Your daughter has a legal father - your ex-husband.

    Why are you telling the biological father that there's no way around support? You don't get to double-dip; your ex-husband is the only person (other than you) responsible for supporting your mutual child.

  3. #3

    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    i apologize for such a long and complicated post, i told the bio that "as far as i know theres no way around paying child support (since she is on assitance) if he were to be successful in his attempt to become legal father" i was also told that after 5 years, the courts may not even allow the bio father to take a test.

  4. #4
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    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    Nobody can really guess - the courts, even when the statute says something else, can throw you a curve ball based on the best interest of the child.

    In your case, if I had to say yea or nay, I'd go with "not likely".

  5. #5
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    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    Dogmatique; this is another thread concerning this issue. OP was told that if bio was successful in challenging standing paternity, since OP is on state aid, the state would go after him for support.




    I don't know why OP started yet another thread basically rehashing the same issues as before.

    davisadavis; somewhere along the line you missed something. You have no standing to challenge the paternity. Bio dad might. If he doesn't, nothing is going to change from exactly how it is right now.

  6. #6

    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    ok so if anything ever happened to me, id want my daughter with my mom, not with the absent legal father of 3 and a half years, and im sure he wouldn't argue this, how do i give legal placement and custody solely to my mother and if the legal father allowed so, if something ever happened to me?

  7. #7
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    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    You can't.

    You can't "will" your kids away like that.

    You may be able to assign a "standby guardianship", and if Dad agrees he can sign off on it if the time comes. But you might just find that he wants to be Dad.

  8. #8

    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    if i were to marry the man whose been actively raising my daughter for 3 years, could we be eligible for a step parent adoption?

  9. #9
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    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    Quote Quoting davisadavis24
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    if i were to marry the man whose been actively raising my daughter for 3 years, could we be eligible for a step parent adoption?
    so now you want a 3rd "father" in this? geesh Louise.


    I give up.

  10. #10
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    Default Re: Paternity Affirmed in Divorce, But Mother Wants to Give Rights to Biological Fath

    Holy hannah, how many "Dads" are you planning to expose your child to?!

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