VOLUNTARY PATERNITY ACKNOWLEDGMENT AND PARENTING AGREEMENT
(State of Wisconsin)
[// GUIDANCE: This template is designed for unmarried parents who wish to voluntarily establish paternity under Wisconsin law and to set forth initial child-related obligations. It should be customized by counsel for the specific facts of the case, reviewed with the clients, and filed or incorporated into any required state forms.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
THIS VOLUNTARY PATERNITY ACKNOWLEDGMENT AND PARENTING AGREEMENT (this “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [FULL LEGAL NAME OF MOTHER], an adult individual residing at [ADDRESS] (“Mother”); and
• [FULL LEGAL NAME OF FATHER], an adult individual residing at [ADDRESS] (“Father”).
Mother and Father are sometimes referred to individually as a “Party” and collectively as the “Parties.”
1.1 Recitals
A. The Parties are the biological parents of the minor child named [CHILD’S FULL LEGAL NAME], born on [DOB] in [COUNTY], Wisconsin (the “Child”).
B. The Parties desire voluntarily to acknowledge Father’s legal paternity of the Child in accordance with applicable Wisconsin statutes and administrative regulations governing paternity establishment, and to set forth their respective rights and obligations regarding parenting, support, and related matters.
C. In consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below; capitalized terms not defined in this Section shall have the meanings ascribed elsewhere in the Agreement.
“Acknowledgment” means the Voluntary Paternity Acknowledgment form prescribed by the State of Wisconsin, executed by both Parties, and filed with the appropriate state registrar or vital records office.
“Child Support Guidelines” means the then-current percentage-of-income standards and related administrative rules adopted by the Wisconsin Department of Children and Families for calculating child support obligations.
“Department” means the Wisconsin Department of Children and Families, the Wisconsin Child Support Program, or any successor agency authorized to enforce support or medical support.
“Family Court” means the Circuit Court, Family Division, for the county having venue over the Child under Wisconsin law.
“Genetic Testing” means accredited DNA testing that complies with all chain-of-custody and statutory requirements for paternity determination in Wisconsin.
“Parenting Time” means physical placement periods during which the Child is in the care of a Party.
“Support” collectively refers to child support, medical support, contribution to child-care expenses, and any other financial obligations relating to the Child as provided in this Agreement or by law.
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity
(a) Immediate Execution. Contemporaneously with the execution of this Agreement, the Parties shall execute the Acknowledgment in the presence of an authorized notary or witness, and promptly file it with the State Registrar of Vital Records.
(b) Legal Effect. Upon proper filing and acceptance of the Acknowledgment, Father shall be the legal father of the Child for all purposes under Wisconsin law.
3.2 Genetic Testing
(a) Waiver. Each Party affirms that Genetic Testing has either (i) been completed with results affirming Father’s paternity, or (ii) been knowingly and voluntarily waived.
(b) Right to Request. Either Party may demand accredited Genetic Testing prior to filing the Acknowledgment; after filing, any challenge to paternity shall be governed by applicable statutes, including time-limited rescission procedures.
[// GUIDANCE: Wisconsin allows rescission of a voluntary acknowledgment generally within 60 days of the latest signature or before a first court hearing relating to the child—whichever occurs first. Adjust timeline if statutory limits change.]
3.3 Rescission and Challenge
(a) Rescission Period. Either Party may rescind the Acknowledgment within the statutory rescission period by filing a notarized rescission form with the State Registrar and providing written notice to the other Party.
(b) Post-Rescission Obligations. If the Acknowledgment is rescinded, this Agreement shall be null and void, except for provisions that by their nature are intended to survive, including any temporary support or expense reimbursement incurred prior to rescission.
3.4 Child Support
(a) Initial Calculation. Father’s base child support obligation shall be determined pursuant to the Child Support Guidelines using Father’s [GROSS/MODIFIED] income of $[AMOUNT] per month, resulting in a presumptive obligation of $[AMOUNT] per month commencing [START DATE].
(b) Deviation. The Parties agree that a deviation [is / is not] appropriate due to [SPECIAL CIRCUMSTANCES]. If deviating, the adjusted amount shall be $[AMOUNT] per month.
(c) Payment Method. Support shall be paid through the Wisconsin Support Collections Trust Fund (WI SCTF) via income withholding unless otherwise ordered.
(d) Cost-of-Living Adjustment. Support shall be reviewed every [24/36] months and adjusted in accordance with the Guidelines unless otherwise agreed in writing or ordered by the Family Court.
3.5 Medical Support
(a) Health Insurance. [FATHER/MOTHER/BOTH PARTIES] shall maintain comprehensive medical and dental insurance for the Child if available at a reasonable cost.
(b) Uninsured Expenses. The Parties shall share uncovered medical, dental, vision, and mental-health expenses in the following proportions: Mother []% / Father []%.
3.6 Custody and Placement
[// GUIDANCE: Wisconsin distinguishes between “legal custody” (decision-making) and “physical placement” (parenting time). Modify the subsections below to reflect the parties’ consensus and best interests of the Child.]
(a) Legal Custody. The Parties shall have [JOINT / SOLE TO MOTHER / SOLE TO FATHER] legal custody of the Child.
(b) Physical Placement Schedule. The Child shall reside primarily with [PRIMARY PLACEMENT PARENT] subject to the Parenting Time schedule in Exhibit A (attached).
(c) Holiday & Vacation Schedule. Exhibit A sets forth detailed holiday, vacation, and special-day allocations.
(d) Transportation. Unless otherwise agreed, the Party beginning a placement period shall provide transportation.
3.7 Tax Exemptions
The federal and state income tax dependency exemption for the Child shall be claimed by [PARENT] in [EVEN/ODD/ALL] tax years, provided the claiming parent remains substantially current in Support obligations and IRS requirements.
3.8 Life Insurance
Each Party shall maintain life insurance in the minimum face amount of $[AMOUNT] naming the Child (or trustee for the Child) as primary beneficiary for so long as a Support obligation exists.
3.9 Name and Birth Certificate
Upon filing of the Acknowledgment, Father’s name shall be added to the Child’s birth record. Any change in the Child’s surname requires mutual written consent or court order.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity and Authority. Each Party represents that he or she:
(a) is at least 18 years of age, of sound mind, and under no duress;
(b) has full legal capacity to execute this Agreement and the Acknowledgment; and
(c) understands the legal consequences of establishing paternity.
4.2 Accuracy of Information. The information provided regarding the Child and the Parties’ identities is true, complete, and correct to the best of each Party’s knowledge.
4.3 Marital Status. Mother represents that she was [UNMARRIED / LEGALLY SEPARATED] at the time of the Child’s conception and birth, and no presumption of paternity in favor of another individual exists.
4.4 Survival. The representations and warranties in this Section shall survive execution and filing of the Acknowledgment.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. The Parties shall execute all additional documents and take such further actions as may be reasonably necessary to effectuate the intent of this Agreement, including completion of any required state forms.
5.2 Relocation. A Party intending to move his or her residence more than [X] miles from the current residence shall provide at least [60] days’ prior written notice and comply with Wisconsin relocation statutes.
5.3 Non-Disparagement. Neither Party shall speak negatively of the other in the presence or hearing of the Child.
5.4 Access to Records. Both Parties shall have equal rights to access the Child’s school, medical, dental, and extracurricular records unless restricted by court order.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute defaults:
(a) Failure to make Support payments when due;
(b) Failure to maintain required insurance;
(c) Material breach of placement or custody provisions;
(d) Violation of relocation restrictions.
6.2 Notice and Cure. Except for emergency matters, the non-breaching Party shall provide written notice of default and a [10/15]-day opportunity to cure before seeking enforcement.
6.3 Remedies. Remedies for default include, without limitation:
(a) Income withholding, tax refund intercept, and other statutory enforcement mechanisms;
(b) Contempt proceedings in Family Court;
(c) Make-up Parenting Time;
(d) Attorneys’ fees and costs awarded to the prevailing Party.
7. RISK ALLOCATION
7.1 Indemnification. No indemnification obligations are created by this Agreement; each Party is solely responsible for his or her own obligations.
7.2 Limitation of Liability. Except for willful misconduct or obligations expressly imposed by law, each Party’s financial liability to the other is limited to the Support and expense-sharing obligations specifically set forth herein or subsequently ordered by the Family Court.
7.3 Force Majeure. A Party’s temporary inability to comply with non-monetary obligations due to events beyond his or her reasonable control (e.g., natural disasters, hospitalization) shall not constitute a default, provided the Party gives prompt notice and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict-of-law principles.
8.2 Exclusive Forum. The Family Court for [COUNTY], Wisconsin, shall have exclusive jurisdiction over any action arising out of or relating to this Agreement or the Acknowledgment.
8.3 Arbitration. The Parties acknowledge that matters concerning paternity, custody, and child support are not subject to private arbitration under Wisconsin law; accordingly, no arbitration provision is included.
8.4 Jury Waiver. Issues arising under this Agreement shall be heard by the Family Court without a jury, consistent with Wisconsin procedure for actions affecting the family.
8.5 Injunctive Relief. The Family Court retains authority to enter immediate orders necessary to protect the Child’s welfare, enforce Support, or otherwise effectuate this Agreement.
9. GENERAL PROVISIONS
9.1 Amendments and Waivers. Any amendment or waiver must be in a writing signed by both Parties or entered by the Family Court. Failure to enforce any provision shall not constitute a waiver of that or any other provision.
9.2 Assignment. No Party may assign or delegate any rights or obligations under this Agreement without the prior written consent of the other Party, except that Support rights may be assigned by operation of law to the Department.
9.3 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, and permitted assigns.
9.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.
9.5 Entire Agreement. This Agreement, together with the Acknowledgment and any exhibits, constitutes the entire understanding between the Parties regarding the subject matter and supersedes all prior agreements, whether written or oral.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Signatures transmitted by electronic means shall be deemed original signatures.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
[MOTHER NAME] – Mother
Date: _______
[FATHER NAME] – Father
Date: _______
NOTARY ACKNOWLEDGMENT
State of Wisconsin )
County of ____) ss.
On this _ day of __, 20__, before me, a Notary Public in and for said State, personally appeared [MOTHER NAME] and [FATHER NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public, State of Wisconsin
My commission expires: ____
EXHIBIT A
PARENTING TIME SCHEDULE
[Insert detailed weekly, holiday, vacation schedule; include exchange locations, times, and communication protocols.]
[// GUIDANCE: Counsel should confirm statutory timeframes for rescission, service requirements for relocation, and current child-support percentages before finalizing. File the executed Acknowledgment with Vital Records promptly; submit this Agreement to the Family Court for incorporation into a judgment or order wherever advisable.]