What if the mother is married, but her husband is not the father of her child?
When a child is born while a mother is married, Wisconsin law considers the husband to be the father (this is called the marital presumption). If the mother states that her husband is not the father and is naming someone else, this marital presumption must be overcome before another man can be found to be the child’s father. When a paternity case is started in this situation, the law requires that the husband be notified of the court date, time and location. The notice is sent to the husband by certified mail. If he wishes to claim that the child is his, he must appear for the court hearing.
When a child is born while a mother is married, Wisconsin law considers the husband to be the father (this is called the marital presumption). If the mother states that her husband is not the father and is naming someone else, this marital presumption must be overcome before another man can be found to be the child’s father. When a paternity case is started in this situation, the law requires that the husband be notified of the court date, time and location. The notice is sent to the husband by certified mail. If he wishes to claim that the child is his, he must appear for the court hearing. An attorney called a guardian ad litem (GAL) is appointed by the court to represent the child’s best interest and after an investigation, recommends to the court if the marital presumption should be overcome. Genetic testing may be requested by the GAL and may be ordered by the court.
