This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
Wisconsin The Rights of Presumed (Putative) Fathers — Explained Introduction: Wisconsin recognizes the importance of preserving the rights of presumed (putative) fathers in cases involving child custody, guardianship, and adoption. These laws aim to ensure that fathers have the opportunity to establish and maintain a relationship with their biological children. This detailed description will delve into the rights of presumed fathers in Wisconsin, covering various types of scenarios and legal provisions. 1. Definition of a Presumed (Putative) Father: A presumed (putative) father refers to a man who, although not legally established as a child's father, is assumed to be the biological father or has asserted his paternity rights. In Wisconsin, the rights of presumed fathers are protected through specific statutes and legal procedures. 2. Rights of Presumed (Putative) Fathers: a. Legal Notice: Under Wisconsin law, a presumed father must receive legal notice in cases of child custody, guardianship, and adoption proceedings involving his biological child. This notice must inform him of his rights and the steps he can take to establish or contest paternity. b. Opportunity to Establish Paternity: Presumed fathers have the right to establish legal paternity through Voluntary Paternity Acknowledgment or by filing a paternity action in court. Establishing paternity can grant the assumed father legal rights and responsibilities towards the child. c. Consent for Adoption: In adoption cases, presumed fathers have the right to provide or withhold consent for the adoption of their biological children. Failure to provide consent may result in the termination of their parental rights. d. Custody and Visitation Rights: Presumed fathers who have established legal paternity are entitled to pursue custody or visitation rights. Wisconsin courts consider the child's best interests while evaluating custody and visitation arrangements. 3. Different Types of Presumed (Putative) Fathers in Wisconsin: a. Putative Father Registry: Wisconsin offers a Putative Father Registry, where a man can voluntarily register his claim of paternity before a child's birth or within a limited time afterward. By registering, a presumed father can receive legal notice of any proceedings involving his child and assert his rights accordingly. b. Non-marital Birth: When a child is born to unmarried parents, the biological father is considered a presumed father and has certain rights if he meets specific legal requirements. c. Acknowledged Father: An acknowledged father is a presumed father who has voluntarily signed a Voluntary Paternity Acknowledgment form, officially establishing paternity and legal rights towards the child. d. Adjudicated Father: An adjudicated father is a presumed father whose paternity has been determined by a court of law through a paternity action. This legal determination grants him full rights and responsibilities as a father. Conclusion: Wisconsin recognizes and safeguards the rights of presumed (putative) fathers in cases involving the custody, guardianship, and adoption of their biological children. Presumed fathers can establish legal paternity, receive notice of legal proceedings, offer or withhold consent for adoption, and pursue custody or visitation rights. Understanding the various types of presumed fathers, such as those on the Putative Father Registry or those who have acknowledged paternity, is crucial in navigating Wisconsin's laws and protecting their parental rights.
