Can a WI court involuntarily dismiss a non-biological father? Can a WI court involuntarily dismiss a non-biological father? global $post;
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– from Jeremy P. in New Berlin, WI

Question Details:

My wife and I knew that I wasn’t the father, but I raised her as if she were my own. To this day I consider her my daughter. During my divorce, my ex-wife pursued child support which I accepted. Soon after, she found the child’s father and is attempting to dismiss the case against me in order to have him pay child support. He makes a lot more money than me. However, I still consider myself the girl’s father, if not biological, then by acceptance. Can I be dismissed from a case involuntarily?

Family Law Attorney Response:

It’s not too often we come across someone fighting to pay child support, but it is definitely welcomed.

This is not easily answered, however, and would be decided by the courts based on several factors. During the case of L.H. v. D.H. (In re Paternity of D.L.H.) 142 Wis. 2d 606, 419 N.W.2d 283 (Ct. App. 1987), a paternity proceeding played out with some degree of complication. The wife first alleged the husband was the father and sought child support and received the award. Upon blood tests, it was confirmed the husband was not the father and was subsequently dismissed from the case. Upon a motion to reconsider, he was reinstated in the case. He then requested the action be dismissed on the grounds of equitable estoppel. His motion was denied. The wife then motioned for his dismissal, and the court agreed. The husband appealed, and the court of appeals reversed.

My advice to you is to seek legal representation before moving forward.

Lawyer Jeff Hughes from Sterling Law Offices, S.C. Jeff Hughes, J.D.
Managing Partner
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