Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In Wisconsin, paternity, or legal fatherhood, is a crucial element in the child support process. The state presumes that a man is the father of a child if the child is born during his marriage to the mother. This presumption, however, is not absolute and can be challenged. To rebut the presumption of paternity, a party may request genetic testing through the court. If the genetic test indicates that the presumed father is not the biological father, the court may relieve him of paternal responsibilities. Wisconsin's statutes regarding paternity are found in Chapter 767 of the Wisconsin Statutes, which covers actions affecting the family. These statutes outline the procedures for establishing or challenging paternity, including the rights and responsibilities of the father once paternity is established.