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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?

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Attorney answers 3

Posted

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.

Asker

Posted

can't afford a lawyer because child support is sucking me dry...That's when someone told me of this site

Posted

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.

Asker

Posted

I signed an acknowledgement form that i was his father. There was never an actual paternity test done. The order i have in place states she has physical placement and i have secondary physical placement. It states that If i let her know at a reasonable time with a reasonable notice i can see my child whenever as long as she knows ahead of time. After she was told this when we went to court for child support she then told me she wont let me see him and that she doesn't care what the court says. She then stated that I'm not the father and if i wanted to see him i need to get a paternity test done but the catch here is that she wont bring him if i set the appointment and she wont let me take him to do it without her.

James CW Bock

James CW Bock

Posted

Okay, it is becoming more clear to me now. Is the title of your case "In RE the Maintenance/Support of: X.X.X." or is it the In re the Paternity of: X.X.X., Mother v. Father? What does the order say about Findings of Fact? Are you found to be the father because of the execution of the Stipulation (i.e., Voluntary Acknowledgement of Paternity or "VAP")? Does the Conclusions of Law state you are Adjudicated the father? I am extremely interested in this matter because I do a great deal of paternity work. Unfortunately each and every county appears to handle these matters (children born out of wedlock) differently, and frankly it causes more problems down the road than it solves. I am happy to privately discuss you matter. I am willing to provide you a free, no-obligation consultation. My contact information is associated with my profile, and you may email me directly at: james@jcwbesq.com If this is helpful, let me know and give me a call or email. Thanks.

Posted

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