AB314: Bill Text

AB314,236 Section 236. Subchapter IX (title) of chapter 767 [precedes 767.80] of the statutes is repealed and recreated to read:

AB314,108,20 CHAPTER 767

AB314,108,22 SUBCHAPTER IX PARENTAGE

AB314,237 Section 237. 767.80 (1) (b) of the statutes is repealed and recreated to read:

AB314,109,1 767.80 (1) (b) The person who gave birth to the child.

AB314,238 Section 238. 767.80 (1) (c) of the statutes is amended to read:

AB314,109,4 767.80 (1) (c) Unless s. 767.804 (1) or 767.805 (1) applies, a male person presumed to be the child’s father parent under s. 891.405, 891.407, or 891.41 (1).

AB314,239 Section 239. 767.80 (1) (d) of the statutes is amended to read:

AB314,109,7 767.80 (1) (d) A male person alleged or alleging himself to be the father parent of the child.

AB314,240 Section 240. 767.80 (1) (k) of the statutes is amended to read:

AB314,109,14 767.80 (1) (k) In conjunction with the filing of a petition for visitation with respect to the child under s. 767.43 (3), a parent of a person who has filed a declaration of paternal parental interest under s. 48.025 with respect to the child or a parent of a person who, before April 1, 1998, signed and filed a statement acknowledging paternity parentage under s. 69.15 (3) (b) 3. with respect to the child.

AB314,241 Section 241. 767.80 (1m) of the statutes is amended to read:

AB314,109,19 767.80 (1m) Venue. An action under this section may be brought in the county in which the child or the alleged father parent resides or is found or, if the father alleged parent is deceased, in which proceedings for probate of his the alleged parent’s estate have been or could be commenced.

AB314,242 Section 242. 767.80 (2) of the statutes is amended to read:

AB314,110,6 767.80 (2) Certain agreements not a bar to action. Regardless of its terms, an agreement made after July 1, 1981, other than an agreement approved by the court between an alleged or presumed father parent and the mother or person who gave birth to the child, does not bar an action under this section. Whenever the court approves an agreement in which one of the parties agrees not to commence an action under this section, the court shall first determine whether or not the agreement is in the best interest of the child. The court shall not approve any provision waiving the right to bring an action under this section if this provision is contrary to the best interests of the child.

AB314,243 Section 243. 767.80 (5) (a) and (b) of the statutes are amended to read:

AB314,110,11 767.80 (5) (a) In this subsection, “any alleged father” parent” includes any male person who has engaged in sexual intercourse with the child’s mother during a possible time of person who gave birth to the child that may have resulted in the conception of the child.

AB314,111,2 (b) An A parentage action under this section may be joined with any other action for child support and is governed by the procedures specified in s. 767.205 relating to child support, except that the title of the action shall be “In re the paternity parentage of A.B.” The petition shall state the name and date of birth of the child if born or that the mother person is pregnant if the child is unborn, the name of any alleged father parent or presumed parent, whether or not an action by any of the parties to determine the paternity parentage of the child or rebut the presumption of paternity parentage to the child has at any time been commenced, or is pending before any court, in this state or elsewhere. If a paternity parentage judgment has been rendered, or if a paternity parentage action has been dismissed, the petition shall state the court that rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party’s right to request a genetic test under s. 49.225 or 767.84.

AB314,244 Section 244. 767.80 (5m) of the statutes is amended to read:

AB314,111,23 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss. 767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male person is presumed the child’s father parent under s. 891.41 (1), is adjudicated the child’s father parent either under s. 767.89 or by final order or judgment of a court of competent jurisdiction in another state, is conclusively determined to be the child’s father parent from genetic test results under s. 767.804, or has voluntarily acknowledged himself to be the child’s father parentage under s. 767.805 (1) or a substantially similar law of another state, no order or temporary order may be entered for child support, legal custody, or physical placement until the male person is adjudicated the father parent using the procedure set forth in this subchapter, except s. 767.804 or 767.805. Except as provided in ss. 767.804, 767.805, 767.85, and 769.401, the exclusive procedure for establishment of child support obligations, legal custody, or physical placement rights for a male person who is not presumed the child’s father parent under s. 891.41 (1), adjudicated the father parent, conclusively determined to be the child’s father parent from genetic test results under s. 767.804, or acknowledged under s. 767.805 (1) or a substantially similar law of another state to be the father parent is by an action under this subchapter, except s. 767.804 or 767.805, or under s. 769.402. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity parentage has the burden of rebutting the presumption.

AB314,245 Section 245. 767.80 (6m) of the statutes is amended to read:

AB314,112,9 767.80 (6m) When action must be commenced. The attorney designated under sub. (6) (a) shall commence an action under this section on behalf of the state within 6 months after receiving notification under s. 69.03 (15) that no father only one parent is named on the birth record of a child who is a resident of the county if paternity parentage has not been conclusively determined from genetic test results under s. 767.804, acknowledged under s. 767.805 (1) or a substantially similar law of another state, or adjudicated, except in situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.

AB314,246 Section 246. 767.80 (6r) (a) 1., 2. c. and 3. of the statutes are amended to read:

AB314,112,16 767.80 (6r) (a) 1. Give priority to matters referred under s. 48.299 (6) (a) or 938.299 (6) (a), including priority in determining whether an action should be brought under this section and, if the determination is that such an action should be brought, priority in bringing the action and in establishing the existence or nonexistence of paternity parentage.

AB314,112,18 2. c. That the male person designated in s. 48.299 (6) (a) or 938.299 (6) (a) has previously been excluded as the father parent of the child.

AB314,112,21 3. If an action is brought under this section, notify the court that referred the matter as soon as possible of a judgment or order determining the existence or nonexistence of paternity parentage.

AB314,247 Section 247. 767.803 of the statutes is amended to read:

AB314,113,10 767.803 Determination of marital children. If the father and mother natural parents of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother parent who gave birth were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth record under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children.

AB314,248 Section 248. 767.804 (1) (title) of the statutes is amended to read:

AB314,113,12 767.804 (1) (title) Conclusive determination of paternity parentage.

AB314,249 Section 249. 767.804 (1) (a) (intro.), 1., 3. and 4. of the statutes are amended to read:

AB314,113,20 767.804 (1) (a) (intro.) If genetic tests have been performed with respect to a child, the child’s mother person who gave birth to the child, and a male person alleged, or alleging himself, to be the child’s father other parent, the test results constitute a conclusive determination of paternity parentage, effective on the date on which the report under par. (c) is submitted to the state registrar, which has the same effect as a judgment of paternity parentage, if all of the following apply:

AB314,113,22 1. Both the child’s mother person who gave birth to the child and the male alleged parent are over the age of 18 years.

AB314,114,2 3. The test results show that the male alleged parent is not excluded as the father parent and that the statistical probability of the male’s alleged parent’s parentage is 99.0 percent or higher.

AB314,114,4 4. No other male person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

AB314,250 Section 250. 767.804 (1) (b) (intro.), 2., 3. and 4. of the statutes are amended to read:

AB314,114,14 767.804 (1) (b) (intro.) When the county child support agency under s. 59.53 (5) receives genetic test results described in par. (a) 3. and the requirements under par. (a) are satisfied, the county child support agency shall send notice to the mother person who gave birth to the child and male the alleged parent by regular mail at their last-known addresses. The notice must be sent at least 15 days in advance of the date on which the county child support agency intends to file the report under par. (c) and shall advise the mother person who gave birth to the child and male the alleged parent of all of the following:

AB314,114,17 2. That the report under par. (c) will be filed with the state registrar if neither the mother person who gave birth to the child nor the male alleged parent timely objects under subd. 4., and the date on which the report will be filed.

AB314,114,20 3. That an action affecting the family concerning custody, child support, or physical placement rights may be brought with respect to the mother person who gave birth to the child and male the alleged parent.

AB314,115,3 4. That the mother person who gave birth to the child or the male alleged parent, or both, may object to the test results by submitting an objection in writing to the county child support agency no later than the day before the date specified in subd. 2., and that, if either the mother person who gave birth to the child or the male alleged parent timely submits an objection, the state will commence a paternity parentage action.

AB314,251 Section 251. 767.804 (1) (c) 1. and 2. of the statutes are amended to read:

AB314,115,12 767.804 (1) (c) 1. If neither the mother person who gave birth to the child nor the male alleged parent timely submits an objection under par. (b) 4., the county child support agency shall file with the state registrar a report showing the names, dates, and birth places of the child and the father alleged parent, the social security numbers of the mother, father, person who gave birth to the child, the alleged parent, and the child, and the maiden full birth name of the mother person who gave birth on a form prescribed by the state registrar, along with the fee set forth in s. 69.22 (5), if any, which the county child support agency shall collect.

AB314,115,16 2. The department shall pay, and may not require the county or county child support agency to reimburse the department, for the cost of a fee for inserting the father’s a parent’s name on a birth certificate under s. 69.15 (3) (a) 3. if the county child support agency is unable to collect the fee.

AB314,252 Section 252. 767.804 (1) (d) of the statutes is amended to read:

AB314,115,22 767.804 (1) (d) If either the mother person who gave birth or the male alleged parent timely submits an objection under par. (b) 4., the county child support agency shall commence an action under s. 767.80 (1) on behalf of the state. The genetic test results described in par. (a) are admissible in an action commenced under this paragraph.

AB314,253 Section 253. 767.804 (2) of the statutes is amended to read:

AB314,116,7 767.804 (2) Actions. Unless sub. (1) (d) applies, an action affecting the family concerning custody, child support, or physical placement rights may be brought under this subsection with respect to a child’s mother and a male any person who, along with the child, were was the subjects subject of a genetic tests test, the results of which constitute a conclusive determination of paternity parentage under sub. (1). Except as provided in s. 767.407, in an action under this subsection the court may appoint a guardian ad litem for the child.

AB314,254 Section 254. 767.804 (3) (d) 1. and 2. of the statutes are amended to read:

AB314,116,16 767.804 (3) (d) 1. An order establishing the amount of the father’s adjudicated parent’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth childbirth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court’s findings as to whether the father’s adjudicated parent’s income is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father’s adjudicated parent’s ability to pay or contribute to those expenses.

AB314,116,20 2. If the order does not require periodic payments because the father adjudicated parent has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father adjudicated parent has the ability to pay at that time.

AB314,255 Section 255. 767.804 (4) (a) 1. (intro.) of the statutes is amended to read:

AB314,116,23 767.804 (4) (a) 1. (intro.) That he or she the party was induced to delay commencing the action by any of the following:

AB314,256 Section 256. 767.804 (4) (a) 2. of the statutes is amended to read:

AB314,117,3 767.804 (4) (a) 2. That, after the inducement ceased to operate, he or she the party did not unreasonably delay in commencing the action.

AB314,257 Section 257. 767.805 (2) (b) of the statutes is amended to read:

AB314,117,9 767.805 (2) (b) If a statement acknowledging paternity parentage is timely rescinded as provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with respect to the male person who signed the statement as the father parent of the child unless the male person is adjudicated the child’s father parent using the procedures set forth in this subchapter, except for this section.

AB314,258 Section 258. 767.805 (4) (d) of the statutes is amended to read:

AB314,117,19 767.805 (4) (d) 1. An order establishing the amount of the father’s the adjudicated parent’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth childbirth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court’s findings as to whether the father’s adjudicated parent’s income is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father’s adjudicated parent’s ability to pay or contribute to those expenses.

AB314,117,23 2. If the order does not require periodic payments because the father adjudicated parent has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father adjudicated parent has the ability to pay at that time.

AB314,259 Section 259. 767.805 (5) (b) of the statutes is amended to read:

AB314,118,8 767.805 (5) (b) If a court in a proceeding under par. (a) determines that the male person is not the father parent of the child, the court shall vacate any order entered under sub. (4) with respect to the male person. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the male’s person’s name as the father parent of the child from the child’s birth record. No paternity parentage action may thereafter be brought against the male person with respect to the child.

AB314,260 Section 260. 767.813 (5) (a), (b) and (c) of the statutes are amended to read:

AB314,118,10 767.813 (5) (a) Mother Parent as petitioner.

AB314,118,11 STATE OF WISCONSIN,   CIRCUIT COURT: ....COUNTY

AB314,118,12

AB314,118,13 In re the Paternity Parentage of A. B.

AB314,118,14 STATE OF WISCONSIN

AB314,118,15 and

AB314,118,16 C. D. (Mother Parent-Petitioner)

AB314,118,17 Address

AB314,118,18 City, State Zip Code File No. ...

AB314,118,19 , Petitioners

AB314,118,20 vs. S U M M O N S

AB314,118,21 E. F.

AB314,118,22 Address   .... (Case Classification Type):.... (Code No.)

AB314,118,23 City, State Zip Code

AB314,119,1 , Respondent

AB314,119,2

AB314,119,3 THE STATE OF WISCONSIN, To the Respondent:

AB314,119,6 1. You have been sued. .... claims that you are the father 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:

AB314,119,7 Date:    

AB314,119,8 Time:    

AB314,119,9 Room:    

AB314,119,10 Judge or Circuit Court Commissioner:    

AB314,119,11 Address:    

AB314,119,13 2. If you do not appear, the court will enter a default judgment finding you to be the father parent.

AB314,119,18 3. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint one for you only upon the genetic tests showing that you are not excluded as the father parent and the probability of your being the father parent is less than 99.0 percent.

AB314,119,21 4. You are also notified that interference with the custody of a child is punishable by a fine of up to $10,000 and imprisonment for up to 3 years and 6 months. Section 948.31, stats.

AB314,120,2 5. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the courts or need material in an alternate format, please call .....