Originally Posted by
sscota
My daughters friend has a little girl from a previous girlfriend. They were never married. He is listed as the father on the birth certificate.
Is that the only way he has “established” his paternity? Have they ever done a DNA or have they signed a Voluntary Paternity Acknowledgment? Here is a link to information regarding establishing paternity in Wisconsin:
Establishing Paternity in Wiscosnin
Originally Posted by
sscota
The mother does not want child support and has sole custody of the child.
You say she has sole custody, is that just because she is one who has the child most of the time, or is there an actual court order establishing custody and visitation?
Originally Posted by
sscota
The father paid for the hospital bills when she was born and still pays all her expenses such as health, medical etc. He is very active in her life and has her every weekend and often during the week while the mother works or has a social life outside her home. The mother uses this arrangement to get her way when she wants something. If the father does not jump to her demands, she then threatens to take him to court and ask for child support.
All payments for any reason made outside of a court order are usually considered a “gift”. If a child support order had been established he would have been required to carry his daughter on his insurance anyway, so that will not count.
Originally Posted by
sscota
He does not even get to claim her on his tax returns period.
No, he wouldn't get to claim her unless he pays child support, or has primary custody of the child. Since he can not legally prove by way of court order that he pays for more than half her support he is not entitled to the deduction. Even if he pays child support he may not be entitled to the exemption. Who gets to claim her may be bargained/agreed upon between the parents or it can be ordered by the court. If it is mutually agreed upon by the parents it needs to be included in the order to be enforceable and will be the required proof the IRS will ask for.
Originally Posted by
sscota
What are his rights as the father?
Without legally establishing his paternity he has no legal rights, only moral rights.
Originally Posted by
sscota
Can she take this child out of the state (Wisc) without his permission?
Again until he has establishes his legal rights as her father and gets it specifically written in a court order that she can not remove/relocate the child's residence out of the state, then she will be able to do so.
Originally Posted by
sscota
Should the child become seriously ill, does he has any rights in regards to deciding her treatment or care?
Not without legally establishing his paternity and getting a court order for joint/sole legal custody.
Originally Posted by
sscota
If child support was ordered, would he be expected to pay all child support back to the date of her birth even though he has provided support in other ways and this arrangement was agreed upon by both mother and father. Any information would be helpful. Thank you for your help.
Paternity and Child Support. In recent years there has been a major change in Wisconsin's Paternity statutes. In years predating 2000, child support could be made retroactive to the date of the child's birth no matter how old the child was at the time the paternity action was commenced. Currently, Sections 767.51(4) and 767.62(4m) of Wisconsin statutes limit retroactive child support awards to the date of filing the paternity action.
There are exceptions to this ruling. In some circumstances child support may predate the commencement of the paternity action if there was a delay in commencing the paternity action because of threats, promises, or representations, by the father that the mother relied on or if the father evaded service to avoid the commencement of paternity proceedings.
Dad needs to establish his rights legally. If he has done this already and there is a court order for custody then he would need to check his court order and see if there is anything written about taking the child out of the state and also check to see what type of “legal custody” he has. He would need to have at least joint legal. If these things are not included as such then he needs to request a modification through the family court where the order was established and ask for these things to be changed. He needs a lawyer.
If there is no order he needs to contact a lawyer and file to establish paternity/custody & visitation/child support. This is not something that should be attempted on his own; it is a complicated and serious process. Here is a link to additional information including legal terms and definitions that will be helpful:
Legal Terms