QUESTION

If a unwed biological mother is foun unfit and needs a guardian can the unwed biological father claim custody of child

Asked on Oct 08th, 2016 on Family Law - Wisconsin
More details to this question:
My girlfriend and I are in a very worrisome situation. We moved from Arizona back to Wisconsin after our child was born last year. Throughout the year she has had evaluations done and was recommended she get a guardian to help her. Her mom however has gone against this and may potentially fight to get guardianship. We are very worried about this because her mother is not a safe person for our child to be around. Is there a possibility, being the father but not married could get custody of our son?
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2 ANSWERS

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
If you have been established as the child's biological father, you can petition to have custody rights to the child. If you have not been determined in a paterntiy court to be the biological father, you need to do that first, before you have legal standing to pursue custody and placement of the child.
Answered on Oct 16th, 2016 at 11:06 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Since the child was born out of wedlock,  you first need to legally establish yourself as being the biological father in a paternity action; after paternity is established, you can petition the court to have custody of the child.
Answered on Oct 09th, 2016 at 7:55 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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