This form is a generic affidavit that may be referred to when preparing an affidavit of a mother of a child for constructive service of the father who deserted the mother and abandoned their minor Child.
A Wisconsin Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child is a legal document that allows a mother to establish the absence of the father and initiate legal proceedings on behalf of herself and the minor child. This affidavit is crucial in cases where the father has deserted the mother and left the child without proper care and support. Here is a detailed description of this legal process in Wisconsin: Keywords: Wisconsin, Affidavit, Mother, Constructive Service, Father, Deserted, Abandoned, Minor Child Description: 1. Introduction: — The Wisconsin Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child is a legal tool that offers a pathway for mothers to gain custody, support, and establish legal rights when the child's father has deserted and abandoned both the mother and the child. 2. Purpose: — This Affidavit aims to alert the court about the father's absence and ensure that the mother and child receive protection, support, custody, and any other legal remedies available under Wisconsin law. 3. Procedures: — The mother, as the petitioner, must gather evidence to prove the father's desertion and abandonment. This evidence could include records of communication attempts, witnesses, financial documents, and any documentation that substantiates the father's lack of involvement or support. — The mother needs to complete and sign the Wisconsin Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child, which officially notifies the court of the father's absence and abandonment. The affidavit must be notarized to ensure its legality. — Once the affidavit is completed, the mother must file it with the appropriate court, providing all required supporting documentation and any additional required forms or fees. 4. Legal Consequences: — By filing this affidavit, the mother seeks constructive service of process. Constructive service is an alternative method of serving the absent father with legal documents, as traditional personal service is not possible. — Constructive service typically involves publishing a notice in a local newspaper or making a public posting, allowing the absent father an opportunity to respond to the allegations or participate in the legal proceedings. If the father fails to respond or make an appearance within the specified period, the court may proceed to make decisions regarding custody, support, and other legal matters in favor of the mother and child. Types of Wisconsin Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child: 1. Original Petition: — This is the initial affidavit filed by the mother to start the legal process and outline the reasons for seeking constructive service and the relief requested, such as custody, child support, and visitation rights. 2. Proof of Publication Affidavit: — If constructive service through publication is required, the mother may need to file a separate Proof of Publication Affidavit, certifying that the notice was properly published or posted as required by the court. 3. Order Granting Constructive Service: — Once the court has reviewed the mother's affidavit and supporting documentation, it may issue an Order Granting Constructive Service, authorizing the publication or posting of the notice regarding the legal proceedings against the absent father. Note: It is essential to consult with an attorney or legal professional to ensure compliance with Wisconsin laws and proper completion of all necessary forms.
