SB321: Bill Text

SB321,120,15 In re the Paternity Parentage of A. B.

SB321,120,16 C. D. (Alleged Father Parent-Petitioner)

SB321,120,17 Address

SB321,120,18 City, State Zip Code File No. ...

SB321,120,19 , Petitioners

SB321,120,20 vs. S U M M O N S

SB321,120,21 E. F.

SB321,120,22 Address   .... (Case Classification Type):.... (Code No.)

SB321,120,23 City, State Zip Code

SB321,121,1 , Respondent

SB321,121,2

SB321,121,3 THE STATE OF WISCONSIN, To the Respondent:

SB321,121,6 1. You have been sued. The petitioner .... claims that he may to be 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:

SB321,121,7 Date:    

SB321,121,8 Time:    

SB321,121,9 Room:    

SB321,121,10 Judge or Circuit Court Commissioner:    

SB321,121,11 Address:    

SB321,121,14 2. If you do not appear, the court will enter a default judgment finding the petitioner .... to be the father parent. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above.

SB321,121,17 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 .... .

SB321,121,18 Dated: ...., .... (year)

SB321,121,19 Signed:.... ....

SB321,121,20 G. H., Clerk of Circuit Court

SB321,121,21 or

SB321,121,22 Petitioner’s Attorney

SB321,121,23 State Bar No.: ....

SB321,122,1 Address: ....

SB321,122,2 City, State Zip Code: ....

SB321,122,3 Phone No.: ....

SB321,122,4 (c) Nonparent as petitioner.

SB321,122,5 STATE OF WISCONSIN,   CIRCUIT COURT: ....COUNTY

SB321,122,6

SB321,122,7 In re the Paternity Parentage of A. B.

SB321,122,8 C. D. (Nonparent-Petitioner)

SB321,122,9 Address

SB321,122,10 City, State Zip Code File No. ...

SB321,122,11 , Petitioners

SB321,122,12 vs. S U M M O N S

SB321,122,13 E. F.

SB321,122,14 Address   .... (Case Classification Type):.... (Code No.)

SB321,122,15 City, State Zip Code

SB321,122,16 , Respondent

SB321,122,17

SB321,122,18 THE STATE OF WISCONSIN, To the Respondent

SB321,122,22 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:

SB321,122,23 Date:    

SB321,123,1 Time:    

SB321,123,2 Room:    

SB321,123,3 Judge or Circuit Court Commissioner:    

SB321,123,4 Address:    

SB321,123,11 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.

SB321,123,14 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 .... .

SB321,123,15 Dated: ...., .... (year)

SB321,123,16 Signed:.... ....

SB321,123,17 G. H., Clerk of Circuit Court

SB321,123,18 or

SB321,123,19 Petitioner’s Attorney

SB321,123,20 State Bar No.: ....

SB321,123,21 Address: ....

SB321,123,22 City, State Zip Code: ....

SB321,123,23 Phone No.: ....

SB321,261 Section 261. 767.813 (5g) of the statutes is amended to read:

SB321,124,3 767.813 (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:

SB321,124,4 NOTICE TO PARTIES

SB321,124,13 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.

SB321,124,21 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 .... .

SB321,125,4 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.

SB321,125,9 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.

SB321,125,10 5. The following defenses are available in a paternity parentage case:

SB321,125,12 (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.

SB321,125,16 (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).

SB321,125,19 (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.

SB321,125,21 6. You have the right to request a jury trial on the issue of whether the named man alleged parent is the father parent.

SB321,126,2 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.

SB321,126,4 8. You must keep the clerk of court and child support agency informed of your current address at all times.

SB321,262 Section 262. 767.815 (2) (a) and (b) of the statutes are amended to read:

SB321,126,9 767.815 (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.

SB321,126,11 (b) Due diligence was exercised in attempting to serve the respondent, before he the respondent was actually served.

SB321,263 Section 263. 767.82 (2m) and (4) of the statutes are amended to read:

SB321,126,17 767.82 (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.

SB321,126,21 (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.

SB321,264 Section 264. 767.83 (1) of the statutes is amended to read:

SB321,127,8 767.83 (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.

SB321,265 Section 265. 767.84 (1) (a) (intro.) of the statutes is amended to read:

SB321,127,12 767.84 (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:

SB321,127,13 1m. The child, mother, any male.

SB321,127,16 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.

SB321,127,19 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.

SB321,128,2 (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.