Paternity Unknown

Inorder for a suspected father in Michigan to request paternity testing, do you have to hire a lawyer or is there an agency that would help? Mother to be has moved to Wisconsin.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JJH:
[b]Inorder for a suspected father in Michigan to request paternity testing, do you have to hire a lawyer or is there an agency that would help? Mother to be has moved to Wisconsin. [/b]<HR></BLOCKQUOTE>

I believe you would need to hire an attorney to order her to submit to the paternity testing along with the child. You may want to call the Michigan Atty General Child Support office, or even the Wisconsin.. I will try to find those #'s for you..

I found these on this website, maybe it will help you out some... this is from Wisc statutes
[url="http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=97431&advquery=paternity&headingswithhits=on&infobase=stats.nfo&record={1647}&recordswithhits=on&zz="]http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=97431&advquery=paternity&headingswithhits=on&infobase=stats.nfo&record={1647}&recordswithhits=on&zz=[/url]


Chapter 48
48.91
48.91(2)

48.91(2)
(2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, the court shall establish whether the rights of any persons who have filed declarations of paternal interest under s. 48.025 have been determined or whether paternity has been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or in another jurisdiction. If the court finds that no such determination has been made, the court shall proceed, prior to any action on the petition for adoption, to attempt to ascertain the paternity of the child and the rights of any person who has filed a declaration under s. 48.025.



49.22 Child and spousal support; establishment of paternity; medical liability.


49.124(1g)(a)
(a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, establishing or enforcing a support order, if appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

49.124(1g)(b)
(b) The individual is a man who is alleged to be the father under s. 767.45 of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.

49.124(1g)(c)
(c) If the individual is a noncustodial mother of a child under the age of 18 and the paternity of the father has not been established, the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.

49.141(1)(i)
(i) "Nonmarital coparent" means, with respect to an individual and a dependent child, a parent who is not married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.

49.141(1)(j)5.
5. A man who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.

49.145(2)(f)1.a.
a. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at establishing the paternity of any minor child of that parent regardless of whether the parent is the custodial or noncustodial parent of that child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

49.175(1)(w)
(w) Hospital paternity incentives. For hospital paternity incentive payments under s. 69.14 (1) (cm), $91,900 in each fiscal year.

49.19(4)(h)1.a.
a. As a condition of eligibility for assistance under this section, the person charged with the care and custody of the dependent child or children shall fully cooperate in efforts directed at establishing the paternity of a nonmarital child and obtaining support payments or any other payments or property to which that person and the dependent child or children may have rights. Such cooperation shall be in accordance with federal law, rules and regulations applicable to paternity establishment and collection of support payments.

49.19 - ANNOT.
The assignment to the state of child support by AFDC recipients under s. 49.19 (5) does not prevent a trial court acting under s. 767.51 (5) from giving the father credit for amounts actually contributed for support prior to the entry of an order even though the credit results in there being no payments owing from the father from which AFDC payments made during the same period can be recovered. Paternity of Cheyenne D.L. 181 Wis. 2d 868, 112 N.W.2d 522 (Ct. App. 1994).

49.22
49

And the most important part:

48.025

UNOFFICIAL TEXT
Chapter 48
48.025

48.025
48.025 Declaration of paternal interest in matters affecting children.
48.025(1)
(1) Any person claiming to be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 may, in accordance with procedures under this section, file with the department a declaration of his interest in matters affecting such child.

48.025(2)
(2) The declaration provided in sub. (1) may be filed at any time except after a termination of the father's rights under subch. VIII. The declaration shall be in writing, signed by the person filing the declaration and shall contain the person's name and address, the name and last-known address of the mother, the month and year of the birth or expected birth of the child and a statement that he has reason to believe that he may be the father of the child.

48.025(3)
(3) A copy of a declaration filed with the department under sub. (1) shall be sent to the mother at her last-known address. Nonreceipt of such copy shall not affect the validity of the declaration. The mother may send a written response to the declaration to the department, and the written response shall be filed with the declaration. Failure to send a written response shall not constitute an admission of the statements contained in the declaration.

48.025(4)
(4) Filing a declaration under this section shall not extend parental rights to the person filing such declaration.

48.025 - ANNOT.
History: 1973 c. 263; 1979 c. 330; 1981 c. 359; 1983 a. 447.

48.025 - ANNOT.
The constitutional rights of a a putative father to establish his parentage and assert parental rights. 58 MLR 175.

48.027
48.027 Child custody jurisdiction. All proceedings relating to the custody of children shall comply with the requirements of ch. 822.

48.027 - ANNOT.
History: 1975 c. 283.

And More......**All of these are Wisconsin Laws* as that is where you will need to have your case heard.


767.62
767.62 Voluntary acknowledgment of paternity.
767.62(1)
(1) Conclusive determination of paternity. A statement acknowledging paternity that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity.

767.62(2)
(2) Rescission of acknowledgment.
767.62(2)(a)
(a) A statement acknowledging paternity that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a parent of the child who is the subject of the statement.

767.62(2)(b)
(b) If a statement acknowledging paternity is timely rescinded as provided in s. 69.15 (3m), a court or family court commissioner may not enter an order specified in sub. (4) with respect to the man who signed the statement as the father of the child unless the man is adjudicated the child's father using the procedures set forth in ss. 767.45 to 767.60.

767.62(3)
(3) Actions when paternity acknowledged.
767.62(3)(a)
(a) Unless the statement acknowledging paternity has been rescinded, an action affecting the family concerning custody, child support or physical placement rights may be brought with respect to persons who, with respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging paternity.

767.62(3)(b)
(b) Except as provided in s. 767.045, in an action specified in par. (a) the court or family court commissioner may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a party who is a minor, unless the minor party is represented by an attorney.

767.62(4)
(4) Orders when paternity acknowledged. In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family court commissioner shall make an order that contains all of the following provisions:

767.62(4)(a)
(a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

767.62(4)(b)
(b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.

767.62(4)(c)
(c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

767.62(4)(d)
(d) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.

767.62(4)(e)
(e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.

767.62(4)(f)
(f) An order requiring either party to pay or contribute to the attorney fees of the other party.

767.62(4m)
(4m) Liability for past support.
767.62(4m)(a)
(a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition, motion or order to show cause requesting support is filed in the action for support under sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following:

767.62(4m)(a)1.
1. That he or she was induced to delay commencing the action by any of the following:

767.62(4m)(a)1.a.
a. Duress or threats.

767.62(4m)(a)1.b.
b. Actions, promises or representations by the other party upon which the party relied.

767.62(4m)(a)1.c.
c. Actions taken by the other party to evade proceedings under sub. (3) (a).

767.62(4m)(a)2.
2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

767.62(4m)(b)
(b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

767.62(5)
(5) Voiding determination.
767.62(5)(a)
(a) A determination of paternity that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.

767.62(5)(b)
(b) If a court in a proceeding under par. (a) determines that the man is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the man. The court shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the man with respect to the child.

767.62(6)
(6) Applicability.
767.62(6)(a)
(a) This section does not apply unless all of the following apply to the statement acknowledging paternity:

UNOFFICIAL TEXT
Chapter 767
767.62
767.62(6)
767.62(6)(a)
767.62(6)(a)1.

767.62(6)(a)1.
1. The statement is made on a form prescribed by the state registrar for use beginning on April 1, 1998.

767.62(6)(a)2.
2. The statement was signed and filed on or after April 1, 1998.

767.62(6)(a)3.
3. The statement contains an attestation clause showing that both parties, before signing the statement, received oral and written notice of the legal consequences of, the rights and responsibilities arising from and the alternatives to, signing the statement.

767.62(6)(b)
(b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under par. (a). Such a statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.

767.62(6)(c)
(c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section beginning with forms for the acknowledgment of paternity that are prescribed by the state registrar on April 1, 1998.

767.62 - ANNOT.
History: 1993 a. 481; 1995 a. 100; 1997 a. 191; 1999 a. 9.

767.62 - ANNOT.
Wisconsin's Custody, Placement and Paternity Reform Legislation. Walther. Wis.Law. April 2000.
Chapter 768




Unofficial text from Wis Stats. database. See printed Statutes and Wis. Acts for official text under s. 35.18(2) stats. Report errors to the Revisor of Statutes at (608) 266-2011, FAX 264-6978, email bruce.munson@legis.state.wi.us

[LegalBeagle]

LB2: Can you summerize all this into 50 words or less for us who hate to read ?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b]LB2: Can you summerize all this into 50 words or less for us who hate to read ?

[/b]<HR></BLOCKQUOTE>

NO.... LOL, I have a headache... and cant think...

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b]LB2: Can you summerize all this into 50 words or less for us who hate to read ?

[/b]<HR></BLOCKQUOTE>

NO.... LOL, I have a headache... and cant think...

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
[b] NO.... LOL, I have a headache... and cant think...
[/b]<HR></BLOCKQUOTE>

Typical woman.. I ask for something simple and you have a headache !! ..

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] Typical woman.. I ask for something simple and you have a headache !! .. [/b]<HR></BLOCKQUOTE>

Had a hard time sleeping last night, read the post by Stenny00...