– from Heather X. in Wales, WI

Question Details:

I am a single mother to my only son. His father and I lived together for about a year, but never married. When I was about three months pregnant, we split up. He was not there for me during my pregnancy, he was not there for me after the pregnancy. He knows our son belongs to him, but he denies it. My son is now almost one year old and I need help from his father. Even though he denies it, can the court order him to take a blood test to prove he is the father?

Family Law Attorney Response:

In the case of State v. A.W.O. (In re Paternity of D.A.A.P.), 117 Wis. 2d 120, 344 N.W.2d 200 (Ct. App. 1983), a mother was in a similar situation. She filed a paternity complaint and a pretrial hearing commenced. The alleged father objected to blood testing, so the court commissioner received testimony from the mother. Due to the testimony, a prima facie case had been established, and the court ordered the alleged father to submit to the required blood test. Upon the man's appeal, the court affirmed, finding the blood test was justified. Currently, there are other forms of DNA testing that are less intrusive, and just as reliable in paternity cases.

My advice is to contact a family law attorney in regards to this case. Legal representation is preferable in these situations regarding disputes, and you would have a chance to discuss the details of your situation more thoroughly.

Dan Exner, J.D.

Family Law Attorney

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