SB464: Bill Text

SB464,113,20 THE STATE OF WISCONSIN, To the Respondent

SB464,113,24 1. You have been sued. The petitioner .... claims that .... is the mother parent and .... may be the father is an alleged parent of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity parentage. Your court appearance is:

SB464,113,25 Date:    

SB464,114,1 Time:    

SB464,114,2 Room:    

SB464,114,3 Judge or Circuit Court Commissioner:    

SB464,114,4 Address:    

SB464,114,11 2. If you do not appear, the court may enter a default judgment finding .... to be the father a parent. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are alleged to be the father a parent and you are unable to afford an attorney, the court will appoint one for you only upon genetic tests showing that you are not excluded as the father a parent and the probability of your being the father a parent is less than 99.0 percent.

SB464,114,14 3. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the court or need material in an alternate format, please call .... .

SB464,114,15 Dated: ...., .... (year)

SB464,114,16 Signed:.... ....

SB464,114,17 G. H., Clerk of Circuit Court

SB464,114,18 or

SB464,114,19 Petitioner's Attorney

SB464,114,20 State Bar No.: ....

SB464,114,21 Address: ....

SB464,114,22 City, State Zip Code: ....

SB464,114,23 Phone No.: ....

SB464,261 Section 261 . 767.813 (5g) of the statutes is amended to read:

SB464,115,2 767.813 (5g) Notice. The notice to parties shall be attached to the summons. The notice shall be in boldface type and in substantially the following form:

SB464,115,3 NOTICE TO PARTIES

SB464,115,11 1. You are a party to a petition for paternity parentage. A judgment of paternity parentage legally designates the child in the case to be a child of the man person found to be the father parent. It creates a legally recognized parent-child relationship between the man person and the child. It creates the right of inheritance for the child, and obligates the man person to support the child until the child reaches the age of 18, or the age of 19 if the child is enrolled full-time in high school or its equivalent. The failure by either parent to pay court-ordered support is punishable by imprisonment as a contempt of court or as a criminal violation.

SB464,115,19 2. A party to a paternity parentage case has the right to be represented by an attorney. If you are unable to afford an attorney and you are a man person who is named as the possible father alleged parent of a child in a paternity parentage case, the court will appoint an attorney for you only if the results of one or more genetic tests show that you are not excluded as the father parent and that the statistical probability of your being the father parent is less than 99.0 percent. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .

SB464,115,25 3. The petitioner in this case has the burden of proving by a clear and satisfactory preponderance of the evidence whether the man person named as the possible father alleged parent is the father parent. However, if genetic tests show that the man person named is not excluded as the father parent, and show that the statistical probability that the man person is the father parent is 99.0 percent or higher, that man person is rebuttably presumed to be the father parent.

SB464,116,5 4. You may request genetic tests which will indicate the probability that the man person named as the possible father alleged parent is or is not the father parent of the child. The court will order genetic tests on a request by you, the state, or any other party. Any person who refuses to take court-ordered genetic tests may be punished for contempt of court.

SB464,116,6 5. The following defenses are available in a paternity parentage case:

SB464,116,8 (a) The man person named as a possible father an alleged parent of the child may claim that he the person was sterile or impotent at the time of conception.

SB464,116,12 (b) The mother may claim that she, or the man named as a possible father parent or the alleged parent may claim that he, the parent and alleged parent did not have sexual intercourse with the each other party during the conceptive period (generally the period 8 to 10 months before the birth of the child).

SB464,116,15 (c) The mother or the man named as a possible father parent or alleged parent may claim that another man person had sexual intercourse with the mother parent during the conceptive period.

SB464,116,17 6. You have the right to request a jury trial on the issue of whether the named man alleged parent is the father parent.

SB464,116,20 7. If you fail to appear at any stage of the proceeding, including a scheduled court-ordered genetic test, the court may enter a default judgment finding the man claimed to be the father named alleged parent as the father parent.

SB464,116,22 8. You must keep the clerk of court and child support agency informed of your current address at all times.

SB464,262 Section 262 . 767.815 (2) (a) and (b) of the statutes are amended to read:

SB464,117,2 767.815 (2) (a) There are reasonable grounds to believe that before the time for service under s. 801.02 (1) or sub. (1) expired the respondent knew that the mother was pregnant about the pregnancy and that the respondent may be the father parent.

SB464,117,4 (b) Due diligence was exercised in attempting to serve the respondent, before he the respondent was actually served.

SB464,263 Section 263 . 767.82 (2m) and (4) of the statutes are amended to read:

SB464,117,10 767.82 (2m) Custody pending court order. If there is no presumption of paternity parentage under s. 891.41 (1) or if paternity parentage is conclusively determined from genetic test results under s. 767.804 (1) or acknowledged under s. 767.805 (1), the mother parent who gave birth shall have sole legal custody of the child until the court orders otherwise.

SB464,117,14 (4) Discovery. Discovery shall be conducted as provided in ch. 804, except that no discovery may be obtained later than 30 days before the trial. No discovery may solicit information relating to the sexual relations of the mother parent who gave birth occurring at any time other than the probable time of conception.

SB464,264 Section 264 . 767.83 (1) of the statutes is amended to read:

SB464,117,23 767.83 (1) Generally. At the pretrial hearing, at the trial, and in any other proceedings in any paternity parentage action, any party may be represented by counsel. If the male alleged parent respondent is indigent and the state is the petitioner under s. 767.80 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.80 (6), or the action is commenced on behalf of the child by an attorney appointed under s. 767.407 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

SB464,265 Section 265 . 767.84 (1) (a) (intro.) of the statutes is amended to read:

SB464,118,3 767.84 (1) (a) (intro.) Except as provided in ss. 767.855 and 767.863, and except in actions to which s. 767.893 applies, the court shall require the all of the following to submit to genetic tests:

SB464,118,4 1m. The child, mother, any male .

SB464,118,7 3m. Any person for whom there is probable cause to believe that he had the person's sexual intercourse with the mother during a possible time of the person who gave birth to the child may have resulted in the child's conception , or any male.

SB464,118,10 4. Any witness who testifies or will testify about his the witness's sexual relations with the mother at a possible time of conception to submit to genetic tests. person who gave birth to the child that may have resulted in conception of the child.

SB464,118,16 (ac) Probable cause of sexual intercourse during a possible time of that may have resulted in conception of the child for the purposes of par. (a) may be established by a sufficient petition or affidavit of the child's mother person who gave birth to the child or an alleged father parent, filed with the court, or after an examination under oath of a party or witness, when the court determines that an examination is necessary.

SB464,118,18 (am) The court is not required to order a genetic test under this paragraph par. (a) with respect to any of the following:

SB464,266 Section 266 . 767.84 (1) (a) 1. and 2. of the statutes are renumbered 767.84 (1) (am) 1. and 2.

SB464,267 Section 267. 767.84 (1) (a) 2m. of the statutes is created to read:

SB464,118,22 767.84 (1) (a) 2m. The person who gave birth to the child.

SB464,268 Section 268 . 767.84 (1) (a) 3. of the statutes is renumbered 767.84 (1) (am) 3. and amended to read:

SB464,119,6 767.84 (1) (am) 3. a. Except as provided in subd. 3. b., a male respondent who fails to appear, if genetic test results with respect to another man person, other than the person who gave birth to the child, show that the other man person is not excluded as the father parent and that the statistical probability of the other man's person's parentage is 99.0 percent or higher creating a presumption of the other man's paternity person's parentage.

SB464,119,8 b. Subdivision 3. a. does not apply if the presumption of the other man's paternity person's parentage is rebutted.

SB464,269 Section 269 . 767.84 (1) (b) (intro.) and 2. of the statutes are amended to read:

SB464,119,16 767.84 (1) (b) (intro.) The genetic tests shall be performed by an expert qualified as an examiner of genetic markers present on the cells of the specific body material to be used for the tests, appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability of the alleged father's paternity parent's parentage based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at the trial or pretrial hearing if all of the following apply:

SB464,119,21 2. At least 10 days before the trial or pretrial hearing, the department or county child support agency under s. 59.53 (5) notifies the alleged father parent of the results of the genetic tests and that he the alleged parent may object to the test results by submitting an objection in writing to the court no later than the day before the hearing.

SB464,270 Section 270 . 767.84 (4) of the statutes is amended to read:

SB464,120,13 767.84 (4) Tests excluding paternity parentage; refusal to submit to test. Genetic test results excluding an alleged father parent as the father parent of the child are conclusive evidence of nonpaternity that the alleged parent is not the parent of the child and the court shall dismiss any paternity parentage action with respect to that alleged father parent. Genetic test results excluding any male witness from possible paternity parentage are conclusive evidence of nonpaternity of the male that the witness is not the parent of the child. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with between the person who gave birth to the child and any person excluded as a possible father parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to a genetic test ordered by the court is a contempt of the court for failure to produce evidence under s. 767.87 (5). If the action was brought by the child's mother person who gave birth to the child but she that person refuses to submit to a genetic test, or refuses to submit herself or the child to a genetic tests test, the action shall be dismissed.

SB464,271 Section 271 . 767.84 (6) of the statutes is amended to read:

SB464,120,24 767.84 (6) Calling certain witnesses; notice. Any party calling a male witness for the purpose of testifying that he the witness had sexual intercourse with the mother at any possible time of person who gave birth to the child that may have resulted in conception of the child shall provide all other parties with the name and address of the witness 20 days before the trial or pretrial hearing. If a male witness is produced at the hearing for the purpose stated in this subsection but the party calling the witness failed to provide the 20-day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.

SB464,272 Section 272 . 767.85 (1) of the statutes is amended to read:

SB464,121,7 767.85 (1) When required. At any time during the pendency of an action to establish the paternity parentage of a child, if genetic tests show that the alleged father person is not excluded and that the statistical probability of the alleged father's person's parentage is 99.0 percent or higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child's health care expenses.

SB464,273 Section 273 . 767.855 of the statutes is amended to read:

SB464,121,21 767.855 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity parentage of a child, upon the motion of a party or guardian ad litem or the person who gave birth to the child if that person is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child parentage is not in the best interest of the child, dismiss the action with respect to the male alleged parent, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male alleged parent, the court or supplemental court commissioner is not required to order those genetic tests.

SB464,274 Section 274 . 767.863 (1m) of the statutes is amended to read:

SB464,122,9 767.863 (1m) Paternity Parentage allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity parentage of a child who was born to a woman while she was married couple during marriage, if a male person other than the woman's husband alleges that he, not the husband, is spouse of the person who gave birth claims to be the child's father parent, a party may allege that a judicial determination that a male person other than the husband is the father spouse of the person who gave birth is the parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband is the father spouse of the person who gave birth is the parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

SB464,275 Section 275 . 767.863 (2) of the statutes is amended to read:

SB464,122,21 767.863 (2) Order for tests. If at the first appearance it appears from a sufficient petition or affidavit of the child's mother person who gave birth to the child or an alleged father parent of the child or from sworn testimony of the child's mother person who gave birth to the child or an alleged father parent of the child that there is probable cause to believe that any of the males persons named has had sexual intercourse with the mother person who gave birth to the child during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.84. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.84 (2).

SB464,276 Section 276 . 767.87 (1) (a), (b), (d) and (e) of the statutes are amended to read:

SB464,123,2 767.87 (1) (a) Evidence of sexual intercourse between the mother parent who gave birth and alleged father parent at any possible time of conception or evidence of a relationship between the mother parent who gave birth and alleged father parent at any time.

SB464,123,5 (b) An expert's opinion concerning the statistical probability of the alleged father's paternity parent's parentage based upon the duration of the mother's pregnancy.

SB464,123,7 (d) The statistical probability of the alleged father's paternity parent's parentage based upon the genetic tests.

SB464,123,9 (e) Medical, scientific, or genetic evidence relating to the alleged father's paternity parent's parentage of the child based on tests performed by experts.

SB464,277 Section 277 . 767.87 (1m) (intro.) of the statutes is amended to read:

SB464,123,16 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father parent of the child other than the person who gave birth to the child, at the earliest possible of the following:

SB464,278 Section 278 . 767.87 (2) of the statutes is amended to read:

SB464,123,21 767.87 (2) Admissibility of sexual relations by mother person who gave birth. Testimony relating to sexual relations or possible sexual relations of the mother person who gave birth any time other than the possible time of conception of the child is inadmissible in evidence, unless offered by the mother person who gave birth.

SB464,279 Section 279 . 767.87 (3) of the statutes is amended to read:

SB464,124,4 767.87 (3) Evidence of identified male person not under jurisdiction. Except as provided in s. 767.84 (4), in an action against an alleged father parent, evidence offered by him the alleged parent with respect to an identified male person who is not subject to the jurisdiction of the court concerning that male's person's sexual intercourse with the mother person who gave birth at or about the presumptive time of conception of the child is admissible in evidence only after the alleged father parent has undergone genetic tests and made the results available to the court.

SB464,280 Section 280. 767.87 (6) of the statutes is amended to read:

SB464,124,17 767.87 (6) When mother parent who gave birth not compelled to testify. (a) Whenever the state brings the action to determine paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of parent who gave birth to the child may not be compelled to testify about the paternity parentage of the child if it has been determined that the mother parent who gave birth to the child has good cause for refusing to cooperate in establishing paternity parentage as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which that define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB464,124,22 (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother person who gave birth may establish the paternity parentage of the child.

SB464,281 Section 281 . 767.87 (9) of the statutes is amended to read:

SB464,125,2 767.87 (9) Artificial insemination; natural father parent . Where If a child is conceived by artificial insemination, the husband spouse of the mother of person who gave birth to the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

SB464,282 Section 282 . 767.87 (10) of the statutes is amended to read:

SB464,125,7 767.87 (10) Record of mother's testimony admissible. A record of the testimony of the child's mother person who gave birth to the child relating to the child's paternity parentage, made as provided under s. 48.299 (8) or 938.299 (8), is admissible in evidence on the issue of paternity parentage.

SB464,283 Section 283 . 767.88 (2) (b) and (c) of the statutes are amended to read:

SB464,125,10 767.88 (2) (b) That the alleged father parent voluntarily acknowledge paternity parentage of the child.

SB464,125,14 (c) If the alleged father parent voluntarily acknowledges paternity parentage of the child, that he the acknowledged parent agree to the duty of support, the legal custody of the child, periods of physical placement of the child and other matters as determined to be in the best interests of the child by the court.