– from Martha A. in Genesee, WI

Question Details:

My baby was born prematurely at 5 pounds, 7 ounces. The father of my son is denying that he is the father. He refuses blood testing. I need financial assistance from him and I want my child to be covered by his insurance. He has premium coverage. What do I have to do to prove he is the father?

Family Law Attorney Response:

I take it you have not been to court for support yet. I wouldn't worry too much about his refusal to submit to blood testing. A judge can be very persuasive. So can court orders and contempt charges.

As far as your main question is concerned, whether the Statutory Presumptive Period of Conception applies to premature births, it might not I cannot tell you without doubt what a court will decide, but as an example as to how your case may turn out, I turn to the case of B.A.C. v. T.L.G. (In re Paternity of J.S.C.) 135 Wis. 2d 280, 400 N.W.2d 48 (Ct. App. 1986). In this situation, the alleged father denied parentage. The courts, however, base their decision around competent evidence submitted. Not the exact date of conception.

I advise you to contact an experienced family law attorney right away before proceeding in court.

Trisha Festerling, J.D.

Family Law Attorney

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