AB484,239
11Section 239
. 767.80 (1) (d) of the statutes is amended to read:
AB484,101,1312
767.80
(1) (d) A
male person alleged or alleging
himself to be the
father parent 13of the child.
AB484,240
14Section
240. 767.80 (1) (k) of the statutes is amended to read:
AB484,101,1915
767.80
(1) (k) In conjunction with the filing of a petition for visitation with
16respect to the child under s. 767.43 (3), a parent of a person who has filed a
17declaration of
paternal parental interest under s. 48.025 with respect to the child or
18a parent of a person who, before April 1, 1998, signed and filed a statement
19acknowledging
paternity parentage under s. 69.15 (3) (b) 3. with respect to the child.
AB484,241
20Section 241
. 767.80 (1m) of the statutes is amended to read:
AB484,101,2421
767.80
(1m) Venue. An action under this section may be brought in the county
22in which the child or the alleged
father parent resides or is found or, if the
father 23alleged parent is deceased, in which proceedings for probate of
his the alleged
24parent's estate have been or could be commenced.
AB484,242
25Section 242
. 767.80 (2) of the statutes is amended to read:
AB484,102,9
1767.80
(2) Certain agreements not a bar to action. Regardless of its terms,
2an agreement made after July 1, 1981, other than an agreement approved by the
3court between an alleged or presumed
father parent and the
mother or person who
4gave birth to the child, does not bar an action under this section. Whenever the court
5approves an agreement in which one of the parties agrees not to commence an action
6under this section, the court shall first determine whether or not the agreement is
7in the best interest of the child. The court shall not approve any provision waiving
8the right to bring an action under this section if this provision is contrary to the best
9interests of the child.
AB484,243
10Section 243
. 767.80 (5) (a) and (b) of the statutes are amended to read:
AB484,102,1411
767.80
(5) (a) In this subsection, “any alleged
father” parent" includes any
male 12person who has engaged in sexual intercourse with the
child's mother during a
13possible time of person who gave birth to the child that may have resulted in the 14conception of the child.
AB484,103,215
(b)
An A parentage action under this section may be joined with any other
16action for child support and is governed by the procedures specified in s. 767.205
17relating to child support, except that the title of the action shall be “In re the
18paternity parentage of A.B." The petition shall state the name and date of birth of
19the child if born or that the
mother person is pregnant if the child is unborn, the name
20of any alleged
father parent or presumed parent, whether or not an action by any of
21the parties to determine the
paternity parentage of the child or rebut the
22presumption of
paternity parentage to the child has at any time been commenced,
23or is pending before any court, in this state or elsewhere. If a
paternity parentage 24judgment has been rendered, or if a
paternity
parentage action has been dismissed,
25the petition shall state the court that rendered the judgment or dismissed the action,
1and the date and the place the judgment was granted if known. The petition shall
2also give notice of a party's right to request a genetic test under s. 49.225 or 767.84.
AB484,244
3Section 244
. 767.80 (5m) of the statutes is amended to read:
AB484,103,234
767.80
(5m) Applicable procedure; exceptions. Except as provided in ss.
5767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a
6male person is presumed the child's
father parent under s. 891.41 (1), is adjudicated
7the child's
father parent either under s. 767.89 or by final order or judgment of a court
8of competent jurisdiction in another state, is conclusively determined to be the child's
9father parent from genetic test results under s. 767.804, or has
voluntarily
10acknowledged
himself to be the child's father
parentage under s. 767.805 (1) or a
11substantially similar law of another state, no order or temporary order may be
12entered for child support, legal custody, or physical placement until the
male person 13is adjudicated the
father parent using the procedure set forth in this subchapter,
14except s. 767.804 or 767.805. Except as provided in ss. 767.804, 767.805, 767.85, and
15769.401, the exclusive procedure for establishment of child support obligations, legal
16custody, or physical placement rights for a
male
person who is not presumed the
17child's
father parent under s. 891.41 (1), adjudicated the
father parent, conclusively
18determined to be the child's
father parent from genetic test results under s. 767.804,
19or acknowledged under s. 767.805 (1) or a substantially similar law of another state
20to be the
father parent is by an action under this subchapter, except s. 767.804 or
21767.805, or under s. 769.402. No person may waive the use of this procedure. If a
22presumption under s. 891.41 (1) exists, a party denying
paternity parentage has the
23burden of rebutting the presumption.
AB484,245
24Section 245
. 767.80 (6m) of the statutes is amended to read:
AB484,104,8
1767.80
(6m) When action must be commenced. The attorney designated under
2sub. (6) (a) shall commence an action under this section on behalf of the state within
36 months after receiving notification under s. 69.03 (15) that
no father only one
4parent is named on the birth record of a child who is a resident of the county if
5paternity parentage has not been conclusively determined from genetic test results
6under s. 767.804, acknowledged under s. 767.805 (1) or a substantially similar law
7of another state, or adjudicated, except in situations under s. 69.14 (1) (g) and (h) and
8as provided by the department by rule.
AB484,246
9Section 246
. 767.80 (6r) (a) 1., 2. c. and 3. of the statutes are amended to read:
AB484,104,1410
767.80
(6r) (a) 1. Give priority to matters referred under s. 48.299 (6) (a) or
11938.299 (6) (a), including priority in determining whether an action should be
12brought under this section
and, if the determination is that such an action should be
13brought, priority in bringing the action and in establishing the existence or
14nonexistence of
paternity parentage.
AB484,104,1615
2. c. That the
male person designated in s. 48.299 (6) (a) or 938.299 (6) (a) has
16previously been excluded as the
father parent of the child.
AB484,104,1917
3. If an action is brought under this section, notify the court that referred the
18matter as soon as possible of a judgment or order determining the existence or
19nonexistence of
paternity parentage.
AB484,247
20Section 247
. 767.803 of the statutes is amended to read:
AB484,105,5
21767.803 Determination of marital children. If the
father and mother 22natural parents of a nonmarital child enter into a lawful marriage or a marriage
23which appears and they believe is lawful, except where the parental rights of the
24mother parent who gave birth were terminated before either of these circumstances,
25the child becomes a marital child, is entitled to a change in birth record under s. 69.15
1(3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she
2had been born during the marriage of the parents. This section applies to all cases
3before, on, or after its effective date, but no estate already vested shall be divested
4by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages
5declared void under the law are nevertheless marital children.
AB484,248
6Section 248
. 767.804 (1) (title) of the statutes is amended to read:
AB484,105,77
767.804
(1) (title)
Conclusive determination of paternity parentage
.
AB484,249
8Section 249
. 767.804 (1) (a) (intro.), 1., 3. and 4. of the statutes are amended
9to read:
AB484,105,1510
767.804
(1) (a) (intro.) If genetic tests have been performed with respect to a
11child, the
child's mother person who gave birth to the child, and a
male person 12alleged
, or alleging
himself, to be the child's
father other parent, the test results
13constitute a conclusive determination of
paternity
parentage, effective on the date
14on which the report under par. (c) is submitted to the state registrar, which has the
15same effect as a judgment of
paternity parentage, if all of the following apply:
AB484,105,1716
1. Both the
child's mother person who gave birth to the child and the
male 17alleged parent are over the age of 18 years.
AB484,105,2018
3. The test results show that the
male alleged parent is not excluded as the
19father parent and that the statistical probability of the
male's alleged parent's 20parentage is 99.0 percent or higher.
AB484,105,2221
4. No other
male person is presumed to be the
father natural parent under s.
22891.405 or 891.41 (1).
AB484,250
23Section 250
. 767.804 (1) (b) (intro.), 2., 3. and 4. of the statutes are amended
24to read:
AB484,106,8
1767.804
(1) (b) (intro.) When the county child support agency under s. 59.53 (5)
2receives genetic test results described in par. (a) 3. and the requirements under par.
3(a) are satisfied, the county child support agency shall send notice to the
mother 4person who gave birth to the child and
male the alleged parent by regular mail at
5their last-known addresses. The notice must be sent at least 15 days in advance of
6the date on which the county child support agency intends to file the report under
7par. (c) and shall advise the
mother person who gave birth to the child and
male the
8alleged parent of all of the following:
AB484,106,119
2. That the report under par. (c) will be filed with the state registrar if neither
10the
mother person who gave birth to the child nor the
male alleged parent timely
11objects under subd. 4., and the date on which the report will be filed.
AB484,106,1412
3. That an action affecting the family concerning custody, child support, or
13physical placement rights may be brought with respect to the
mother person who
14gave birth to the child and
male the alleged parent.
AB484,106,2015
4. That the
mother person who gave birth to the child or the
male alleged
16parent, or both, may object to the test results by submitting an objection in writing
17to the county child support agency no later than the day before the date specified in
18subd. 2., and that, if either the
mother person who gave birth to the child or the
male 19alleged parent timely submits an objection, the state will commence a
paternity 20parentage action.
AB484,251
21Section 251
. 767.804 (1) (c) 1. and 2. of the statutes are amended to read:
AB484,107,422
767.804
(1) (c) 1. If neither the
mother person who gave birth to the child nor
23the
male alleged parent timely submits an objection under par. (b) 4., the county child
24support agency shall file with the state registrar a report showing the names, dates,
25and birth places of the child and the
father
alleged parent, the social security
1numbers of the
mother, father, person who gave birth to the child, the alleged parent,
2and
the child, and the
maiden
full birth name of the
mother person who gave birth 3on a form prescribed by the state registrar, along with the fee set forth in s. 69.22 (5),
4if any, which the county child support agency shall collect.
AB484,107,85
2. The department shall pay, and may not require the county or county child
6support agency to reimburse the department, for the cost of a fee for inserting
the 7father's a parent's name on a birth certificate under s. 69.15 (3) (a) 3. if the county
8child support agency is unable to collect the fee.
AB484,252
9Section 252
. 767.804 (1) (d) of the statutes is amended to read:
AB484,107,1410
767.804
(1) (d) If either the
mother person who gave birth or the
male
alleged
11parent timely submits an objection under par. (b) 4., the county child support agency
12shall commence an action under s. 767.80 (1) on behalf of the state. The genetic test
13results described in par. (a) are admissible in an action commenced under this
14paragraph.
AB484,253
15Section 253
. 767.804 (2) of the statutes is amended to read:
AB484,107,2216
767.804
(2) Actions. Unless sub. (1) (d) applies, an action affecting the family
17concerning custody, child support, or physical placement rights may be brought
18under this subsection with respect to
a child's mother and a male any person who,
19along with the child,
were was the
subjects subject of
a genetic
tests test, the results
20of which constitute a conclusive determination of
paternity parentage under sub. (1).
21Except as provided in s. 767.407, in an action under this subsection the court may
22appoint a guardian ad litem for the child.
AB484,254
23Section 254
. 767.804 (3) (d) 1. and 2. of the statutes are amended to read:
AB484,108,624
767.804
(3) (d) 1. An order establishing the amount of the
father's adjudicated
25parent's obligation to pay or contribute to the reasonable expenses of the
mother's
1pregnancy and
the child's birth childbirth. The amount established may not exceed
2one-half of the total actual and reasonable pregnancy and birth expenses. The order
3also shall specify the court's findings as to whether the
father's adjudicated parent's 4income is at or below the poverty line established under
42 USC 9902 (2), and shall
5specify whether periodic payments are due on the obligation, based on the
father's 6adjudicated parent's ability to pay or contribute to those expenses.
AB484,108,107
2. If the order does not require periodic payments because the
father 8adjudicated parent has no present ability to pay or contribute to the expenses, the
9court may modify the judgment or order at a later date to require periodic payments
10if the
father adjudicated parent has the ability to pay at that time.
AB484,255
11Section 255
. 767.804 (4) (a) 1. (intro.) of the statutes is amended to read:
AB484,108,1312
767.804
(4) (a) 1. (intro.) That
he or she the party was induced to delay
13commencing the action by any of the following:
AB484,256
14Section 256
. 767.804 (4) (a) 2. of the statutes is amended to read:
AB484,108,1615
767.804
(4) (a) 2. That, after the inducement ceased to operate,
he or she the
16party did not unreasonably delay in commencing the action.
AB484,257
17Section 257
. 767.805 (2) (b) of the statutes is amended to read:
AB484,108,2218
767.805
(2) (b) If a statement acknowledging
paternity parentage is timely
19rescinded as provided in s. 69.15 (3m), a court may not enter an order specified in sub.
20(4) with respect to the
male person who signed the statement as the
father parent 21of the child unless the
male person is adjudicated the child's
father parent using the
22procedures set forth in this subchapter, except for this section.
AB484,258
23Section 258
. 767.805 (4) (d) of the statutes is amended to read:
AB484,109,624
767.805
(4) (d) 1. An order establishing the amount of
the father's the
25adjudicated parent's obligation to pay or contribute to the reasonable expenses of the
1mother's pregnancy and
the child's birth childbirth. The amount established may
2not exceed one-half of the total actual and reasonable pregnancy and birth expenses.
3The order also shall specify the court's findings as to whether the
father's adjudicated
4parent's income is at or below the poverty line established under
42 USC 9902 (2),
5and shall specify whether periodic payments are due on the obligation, based on the
6father's adjudicated parent's ability to pay or contribute to those expenses.
AB484,109,107
2. If the order does not require periodic payments because the
father 8adjudicated parent has no present ability to pay or contribute to the expenses, the
9court may modify the judgment or order at a later date to require periodic payments
10if the
father adjudicated parent has the ability to pay at that time.
AB484,259
11Section 259
. 767.805 (5) (b) of the statutes is amended to read:
AB484,109,1812
767.805
(5) (b) If a court in a proceeding under par. (a) determines that the
male 13person is not the
father parent of the child, the court shall vacate any order entered
14under sub. (4) with respect to the
male person. The court or the county child support
15agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in
16s. 69.15 (1) (b), to remove the
male's person's name as the
father parent of the child
17from the child's birth record. No
paternity
parentage action may thereafter be
18brought against the
male person with respect to the child.
AB484,260
19Section 260
. 767.813 (5) (a), (b) and (c) of the statutes are amended to read:
AB484,109,2020
767.813
(5) (a)
Mother
Parent as petitioner.
AB484,109,2121
STATE OF WISCONSIN,
CIRCUIT COURT: ....COUNTY
AB484,109,2323
In re the
Paternity Parentage of A. B.
AB484,109,2424
STATE OF WISCONSIN
AB484,110,1
1C. D. (
Mother Parent-Petitioner)
AB484,110,33
City, State Zip Code File No. ...
AB484,110,44
, Petitioners
AB484,110,55
vs. S U M M O N S
AB484,110,77
Address
.... (Case Classification Type):.... (Code No.)
AB484,110,88
City, State Zip Code
AB484,110,99
, Respondent
AB484,110,1111
THE STATE OF WISCONSIN, To the Respondent:
AB484,110,1412
1. You have been sued. .... claims that you are the
father parent of the child,
13.... born on .... (date), in .... (city) (county) (state). You must appear to answer this
14claim of
paternity parentage. Your court appearance is:
AB484,110,1818
Judge or Circuit Court Commissioner:
AB484,110,2120
2. If you do not appear, the court will enter a default judgment finding you to
21be the
father parent.
AB484,111,222
3. If you plan to be represented by an attorney, you should contact the attorney
23prior to the court appearance listed above. If you are unable to afford an attorney,
24the court will appoint one for you only upon the genetic tests showing that you are
1not excluded as the
father parent and the probability of your being the
father
parent 2is less than 99.0 percent.
AB484,111,53
4. You are also notified that interference with the custody of a child is
4punishable by a fine of up to $10,000 and imprisonment for up to 3 years and 6
5months. Section 948.31, stats.
AB484,111,86
5. The .... County Clerk of Circuit Court is an equal opportunity service
7provider. If you need assistance to access services in the courts or need material in
8an alternate format, please call .....
AB484,111,99
Dated: ...., .... (year)
AB484,111,1010
Signed:.... ....
AB484,111,1111
G. H., Clerk of Circuit Court
AB484,111,1313
Petitioner's Attorney
AB484,111,1414
State Bar No.: ....
AB484,111,1515
Address: ....