I live in WI and my husband lives in TX... we have been separated for 7 years! Can the biological father who is not my husband sign the birth certificate?? If not how do I handle the situation since he is in jail somewhere in TX?? He has moved on and has a new son and I have moved on as well! He just will not cooperate with filing and helping to pay for the divorce!
Under Wisconsin law, putting a person's name on a birth certificate has no legal effect. The only way to establish paternity is by either both parties signing a voluntary acknowledgment of paternity or by one of the parties filing a formal paternity case in court. Further, since you are married, there is a presumption that your husband is the father of the child. If you file for divorce, the judge will not let you get divorced until it can be determined whether your husband is or is not the biological father. This usually means the baby has to be born if a woman is currently pregnant, and requires DNA testing. I recently wrote a blog at our web site under family law issues on this very topic.
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