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Can i get a paternity test done by the courts if the mother claims he's not mine?

Appleton, WI |

I didn't get a paternity test done when he was born four years ago because i was sure he was mine. years have past and the mother decided to stop letting me see him, even though i have joint custody and secondary placement. We couldn't mediate because she didn't want to and now is telling me i cant see him until i get a paternity test done. The catch here is that she wont bring him or let me take him to get this done. Is there a way i can re-open my paternity case to have the court order a paternity test?

Attorney Answers 3

  1. Consult with and retain a local lawyer to help you. There are a number of very good family law lawyers in the Appleton area. This situation appears too complicated to handle without the assistance of a qualified lawyer. Good luck.

  2. Your question references a "custody" determination and a "paternity" case. So it appears an initial custody determination was made in the "paternity" case you wish to "re-open". That could have only been accomplished after adjudication of paternity (i.e., you were found by the court to be the biological father and provided parental rights). The court would not grant you paternal placement rights in a maintenance and support case without adjudication of paternity. This all assumes you have recited the procedural posture of your "paternity case" and your "placement" rights correctly. On that note, I am unaware of your term "secondary placement" in Wisconsin. Do you mean the mother has primary placement and is the physical custodian, and that you simply have placement rights that you call "secondary placement"?

    More importantly, in the "paternity case" you wish to re-open, were you adjudicated the father or not? If so, why do you need a paternity test, as the court has already determined your status and parental rights (e.g., custody - the way you did not define either joint or sole legal). Do you want to have genetic proof you are the father?

    If the court did not adjudicate you as the father in the "paternity case" you wish to re-open, what is the disposition of the paternity case you refer to? Meaning, why re-open a case in which you were not determined to be the father? While I somewhat agree with the previous answer, simply because I think you should always consult with a specialist when you do not understand the law, your question presents enough information and a strong suggestion your question is not fully accurate.

    If you could follow up with additional information from the order issued in the paternity action (it will state the basis of adjudication), it will make your inquiry much easier to answer and will allow the family law specialist and paternity attorney you potentially consult to assist you more quickly. Good luck.

  3. I would suggest you file a motion for contempt for lack of placement times. She will then bring her own requests that will force the issue. The contempt is the cleanest way for you to force this.

    There are court form FA-609 at

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