Wednesday, April 4, 2012

Fathers Rights WI


     48.435 Custody of children. The mother of a non marital child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency.

     This is outright gender based discrimination.  The state of WI has decided that an unwed mother gets due process of law(kidnapping) but an unwed father doesn't. 

     The 14th Amendment's equal protection clause states: "nor deny to any person within its jurisdiction the equal protection of the laws", which is exactly what this law does, denies unwed fathers. 

     What can possibly be the rational of  the "sole custody" law?  It certainly is irrational to assume that a unwed mother that doesn't have proof of adoption  or in vitro fertilization had a child via immaculate conception, is it not? 

     Why then does the law assume that the father whose name is on the birth certificate is not the father?  Is that even the assumption that this law is based off of?  Think of what sort of skewed rational the poor judges have to come up with to all the fathers that come to court trying to get their children back.

     Why is it that the unwed biological father has to go fight in court to get any kind of custody of the child?  I do believe that the only reason that this law is still in effect is that unwed fathers of WI do not have the means to challenge this law in court.

     You all have heard that WI is a "mothers state", this is why.  Fairness and equality, not in the great state of Wisconsin.  For the judges of family court to follow this law is unjust and unconstitutional.

     The unwed mother kidnapped the child of this unwed father and there is nothing I can do about it.  She has avoided service and therefore made it impossible to get her into court to get my son back.  She had moved from her last known address and refused to tell me where she now lives so I could serve her.  I eventually went to her mothers work and followed her home to find out where they lived so I could have her served.  She{unwed mother} then filed a restraining order for harassment on me for stalking and to many text messages asking her about my son. 

     What is an unwed father to do if he doesn't have the money to take on the state?