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My son was born in Illinois, 9 months after his birth we moved to Wisconsin. His father and I were never married. His father is on the birth certificate. We have never been to court for establishing placement etc we've never been to court for anything together other than a couple of years ago when I got a restraining order against him which is now gone. He is refusing to allow me have my son take his highly necessary ADHD medication. He has been on the medication for over a year and a half, it successfully helped him navigate school, social settings, etc. His father requested we try him off meds, two weeks later his behavior is entirely out of control. And I do not believe it is my son's fault. He is stating I legally cannot let him be on the meds without dad's permission. We have an agreed upon planned weekend away to Greenbay about 2 hours away this weekend, his dad says he should get him this weekend due to his behavior. I have no idea what rights I have or don't have as the mother
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I can't speak to Illinois law, but under Wisconsin law, paternity is established one of two ways; 1. both of you signing a voluntary acknowledgment of paternity or 2. either of you filing a formal paterntiy action in court. On the second way, either of you have a right to request DNA testing to prove whether he is the biological father or not. Until paternity is legally established, under Wisconsin law, he has no legal rights to the child whatsoever and you cannot collect child support from him.
Answered on Jun 23rd, 2017 at 7:32 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