Custody of a child when the mother and father are unwed in Wisconsin?
Is there a general consesus of who has custody of a child in a situation where the couple is unwed? I read somewhere that most states award the mother sole custody in this sceanario, however that seems to contravene the Equal protection clause, so I was wondering if anyone could clear that up. Any links to the website or resource for the info would be greatly appriciated.
Answers:
Wisconsin Statute 48.435
“The mother of a nonmarital child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency.”
Can bio-Dad petition for custody? Sure, as long as paternity has been established. Will he get it? There’s no way to know. Supposedly both parents are on equal footing in a custody case. However, there are some judges who still insist on following the ‘tender years’ doctrine (automatically awarding custody of young children to the mother unless she’s proven to be unfit) even though it is basically discrimination on the basis of gender (it says that a mother is more deserving of custody/is a better parent merely because she’s a woman). Other judges are more likely to award joint custody (provided both parents are equally fit). Again, it depends on the individual judge and there is no way to know what he/she will rule. And, of course, it depends on all the specific factors of the case.
Usually, there is a petition period for the father to also claim custody, but sometimes they don't get notified and the courts will default to the mother.
The best way to insure custody by the father is to petition the court first to get custody.,
Hmm, Wisconsin, that's a fairly libby state. I'd guess that the father has no right whatsoever except to pay for child support.
Fathers never have any rights in these matters..Its pathetic..Something needs to be done to end this discrimination once and for all..
Yahoo in all it's wisdom thought this question was worthy of UK&Ireland pages :-) Just wanted to share that. Really haven't got a clue regarding an answer and neither am i desperate for 2 points. Have a nice day, It's been a sunny in Eastbourne :-)
I dont see why being seperated has anything to do with it.
But I warn you not go through courts at your own peril and dont make greedy lawyers richer.
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