– from Nicole I. in Mukwonago, WI

Question Details:

I brought a paternity action against my ex-boyfriend. The initial blood test did not indicate that he was the father. I want to have him take a few more blood tests, but he says he will refuse to. If I request this in the court, can he still refuse to take the blood test?

Family Law Attorney Response:

Wisconsin statutes allow either party to request additional blood tests after receiving the results of initial blood tests.

In the case of State v. M.T.D. (In re Paternity of S.J.K.), 132 Wis.2d 262, 392 N.W.2d 97 (Ct. App. 1986), an alleged father attempted to refuse to take additional blood tests. However, the court of appeals discussed how Wisconsin statutes give either party the right to request additional blood tests. Once a request is made, the statute requires a trial court to order the individual to submit to the additional independent tests. Statutes for dismissal of blood tests are only effective after all additional tests occur.

If you have any more questions, give me a call.

Dan Exner, J.D.

Family Law Attorney

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