This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB484,113,2525 Date:    
AB484,114,1
1Time:    
AB484,114,22 Room:    
AB484,114,33 Judge or Circuit Court Commissioner:    
AB484,114,44 Address:    
AB484,114,115 2. If you do not appear, the court may enter a default judgment finding .... to
6be the father a parent. If you plan to be represented by an attorney, you should
7contact the attorney prior to the court appearance listed above. If you are alleged to
8be the father a parent and you are unable to afford an attorney, the court will appoint
9one for you only upon genetic tests showing that you are not excluded as the father
10a parent and the probability of your being the father a parent is less than 99.0
11percent.
AB484,114,1412 3. The .... County Clerk of Circuit Court is an equal opportunity service
13provider. If you need assistance to access services in the court or need material in
14an alternate format, please call .... .
AB484,114,1515 Dated: ...., .... (year)
AB484,114,1616 Signed:.... ....
AB484,114,1717 G. H., Clerk of Circuit Court
AB484,114,1919 Petitioner's Attorney
AB484,114,2020 State Bar No.: ....
AB484,114,2121 Address: ....
AB484,114,2222 City, State Zip Code: ....
AB484,114,2323 Phone No.: ....
AB484,261 24Section 261 . 767.813 (5g) of the statutes is amended to read:
AB484,115,2
1767.813 (5g) Notice. The notice to parties shall be attached to the summons.
2The notice shall be in boldface type and in substantially the following form:
AB484,115,33 NOTICE TO PARTIES
AB484,115,114 1. You are a party to a petition for paternity parentage. A judgment of paternity
5parentage legally designates the child in the case to be a child of the man person
6found to be the father parent. It creates a legally recognized parent-child
7relationship between the man person and the child. It creates the right of
8inheritance for the child, and obligates the man person to support the child until the
9child reaches the age of 18, or the age of 19 if the child is enrolled full-time in high
10school or its equivalent. The failure by either parent to pay court-ordered support
11is punishable by imprisonment as a contempt of court or as a criminal violation.
AB484,115,1912 2. A party to a paternity parentage case has the right to be represented by an
13attorney. If you are unable to afford an attorney and you are a man person who is
14named as the possible father alleged parent of a child in a paternity parentage case,
15the court will appoint an attorney for you only if the results of one or more genetic
16tests show that you are not excluded as the father parent and that the statistical
17probability of your being the father parent is less than 99.0 percent. In order to
18determine whether you are entitled to have an attorney appointed for you, you may
19call the following telephone number .... .
AB484,115,2520 3. The petitioner in this case has the burden of proving by a clear and
21satisfactory preponderance of the evidence whether the man person named as the
22possible father alleged parent is the father parent. However, if genetic tests show
23that the man person named is not excluded as the father parent, and show that the
24statistical probability that the man person is the father parent is 99.0 percent or
25higher, that man person is rebuttably presumed to be the father parent.
AB484,116,5
14. You may request genetic tests which will indicate the probability that the
2man person named as the possible father alleged parent is or is not the father parent
3of the child. The court will order genetic tests on a request by you, the state, or any
4other party. Any person who refuses to take court-ordered genetic tests may be
5punished for contempt of court.
AB484,116,66 5. The following defenses are available in a paternity parentage case:
AB484,116,87 (a) The man person named as a possible father an alleged parent of the child
8may claim that he the person was sterile or impotent at the time of conception.
AB484,116,129 (b) The mother may claim that she, or the man named as a possible father
10parent or the alleged parent may claim that he, the parent and alleged parent did
11not have sexual intercourse with the each other party during the conceptive period
12(generally the period 8 to 10 months before the birth of the child).
AB484,116,1513 (c) The mother or the man named as a possible father parent or alleged parent
14may claim that another man person had sexual intercourse with the mother parent
15during the conceptive period.
AB484,116,1716 6. You have the right to request a jury trial on the issue of whether the named
17man alleged parent is the father parent.
AB484,116,2018 7. If you fail to appear at any stage of the proceeding, including a scheduled
19court-ordered genetic test, the court may enter a default judgment finding the man
20claimed to be the father
named alleged parent as the father parent.
AB484,116,2221 8. You must keep the clerk of court and child support agency informed of your
22current address at all times.
AB484,262 23Section 262 . 767.815 (2) (a) and (b) of the statutes are amended to read:
AB484,117,224 767.815 (2) (a) There are reasonable grounds to believe that before the time for
25service under s. 801.02 (1) or sub. (1) expired the respondent knew that the mother

1was pregnant
about the pregnancy and that the respondent may be the father
2parent.
AB484,117,43 (b) Due diligence was exercised in attempting to serve the respondent, before
4he the respondent was actually served.
AB484,263 5Section 263 . 767.82 (2m) and (4) of the statutes are amended to read:
AB484,117,106 767.82 (2m) Custody pending court order. If there is no presumption of
7paternity parentage under s. 891.41 (1) or if paternity parentage is conclusively
8determined from genetic test results under s. 767.804 (1) or acknowledged under s.
9767.805 (1), the mother parent who gave birth shall have sole legal custody of the
10child until the court orders otherwise.
AB484,117,14 11(4) Discovery. Discovery shall be conducted as provided in ch. 804, except that
12no discovery may be obtained later than 30 days before the trial. No discovery may
13solicit information relating to the sexual relations of the mother parent who gave
14birth
occurring at any time other than the probable time of conception.
AB484,264 15Section 264 . 767.83 (1) of the statutes is amended to read:
AB484,117,2316 767.83 (1) Generally. At the pretrial hearing, at the trial, and in any other
17proceedings in any paternity parentage action, any party may be represented by
18counsel. If the male alleged parent respondent is indigent and the state is the
19petitioner under s. 767.80 (1) (g), the petitioner is represented by a government
20attorney as provided in s. 767.80 (6), or the action is commenced on behalf of the child
21by an attorney appointed under s. 767.407 (1) (c), counsel shall be appointed for the
22respondent as provided in ch. 977, subject to the limitations under sub. (2m), unless
23the respondent knowingly and voluntarily waives the appointment of counsel.
AB484,265 24Section 265 . 767.84 (1) (a) (intro.) of the statutes is amended to read:
AB484,118,3
1767.84 (1) (a) (intro.) Except as provided in ss. 767.855 and 767.863, and except
2in actions to which s. 767.893 applies, the court shall require the all of the following
3to submit to genetic tests:
AB484,118,4 41m. The child, mother, any male .
AB484,118,7 53m. Any person for whom there is probable cause to believe that he had the
6person's
sexual intercourse with the mother during a possible time of the person who
7gave birth to the child may have resulted in the
child's conception , or any male.
AB484,118,10 84. Any witness who testifies or will testify about his the witness's sexual
9relations with the mother at a possible time of conception to submit to genetic tests.
10person who gave birth to the child that may have resulted in conception of the child.
AB484,118,16 11(ac) Probable cause of sexual intercourse during a possible time of that may
12have resulted in
conception of the child for the purposes of par. (a) may be established
13by a sufficient petition or affidavit of the child's mother person who gave birth to the
14child
or an alleged father parent, filed with the court, or after an examination under
15oath of a party or witness, when the court determines that an examination is
16necessary.
AB484,118,18 17(am) The court is not required to order a genetic test under this paragraph par.
18(a)
with respect to any of the following:
AB484,266 19Section 266 . 767.84 (1) (a) 1. and 2. of the statutes are renumbered 767.84 (1)
20(am) 1. and 2.
AB484,267 21Section 267. 767.84 (1) (a) 2m. of the statutes is created to read:
AB484,118,2222 767.84 (1) (a) 2m. The person who gave birth to the child.
AB484,268 23Section 268 . 767.84 (1) (a) 3. of the statutes is renumbered 767.84 (1) (am) 3.
24and amended to read:
AB484,119,6
1767.84 (1) (am) 3. a. Except as provided in subd. 3. b., a male respondent who
2fails to appear, if genetic test results with respect to another man person, other than
3the person who gave birth to the child,
show that the other man person is not
4excluded as the father parent and that the statistical probability of the other man's
5person's parentage is 99.0 percent or higher creating a presumption of the other
6man's paternity
person's parentage.
AB484,119,87 b. Subdivision 3. a. does not apply if the presumption of the other man's
8paternity person's parentage is rebutted.
AB484,269 9Section 269 . 767.84 (1) (b) (intro.) and 2. of the statutes are amended to read:
AB484,119,1610 767.84 (1) (b) (intro.) The genetic tests shall be performed by an expert
11qualified as an examiner of genetic markers present on the cells of the specific body
12material to be used for the tests, appointed by the court. A report completed and
13certified by the court-appointed expert stating genetic test results and the statistical
14probability of the alleged father's paternity parent's parentage based upon the
15genetic tests is admissible as evidence without expert testimony and may be entered
16into the record at the trial or pretrial hearing if all of the following apply:
AB484,119,2117 2. At least 10 days before the trial or pretrial hearing, the department or county
18child support agency under s. 59.53 (5) notifies the alleged father parent of the
19results of the genetic tests and that he the alleged parent may object to the test
20results by submitting an objection in writing to the court no later than the day before
21the hearing.
AB484,270 22Section 270 . 767.84 (4) of the statutes is amended to read:
AB484,120,1323 767.84 (4) Tests excluding paternity parentage; refusal to submit to test.
24Genetic test results excluding an alleged father parent as the father parent of the
25child are conclusive evidence of nonpaternity that the alleged parent is not the

1parent of the child
and the court shall dismiss any paternity parentage action with
2respect to that alleged father parent. Genetic test results excluding any male
3witness from possible paternity parentage are conclusive evidence of nonpaternity
4of the male
that the witness is not the parent of the child. Testimony relating to
5sexual intercourse or possible sexual intercourse of the mother with between the
6person who gave birth to the child and
any person excluded as a possible father
7parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party
8to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to
9a genetic test ordered by the court is a contempt of the court for failure to produce
10evidence under s. 767.87 (5). If the action was brought by the child's mother person
11who gave birth to the child
but she that person refuses to submit to a genetic test,
12or refuses
to submit herself or the child to a genetic tests test, the action shall be
13dismissed.
AB484,271 14Section 271 . 767.84 (6) of the statutes is amended to read:
AB484,120,2415 767.84 (6) Calling certain witnesses; notice. Any party calling a male witness
16for the purpose of testifying that he the witness had sexual intercourse with the
17mother at any possible time of person who gave birth to the child that may have
18resulted in
conception of the child shall provide all other parties with the name and
19address of the witness 20 days before the trial or pretrial hearing. If a male witness
20is produced at the hearing for the purpose stated in this subsection but the party
21calling the witness failed to provide the 20-day notice, the court may adjourn the
22proceeding for the purpose of taking a genetic test of the witness prior to hearing the
23testimony of the witness if the court finds that the party calling the witness acted in
24good faith.
AB484,272 25Section 272 . 767.85 (1) of the statutes is amended to read:
AB484,121,7
1767.85 (1) When required. At any time during the pendency of an action to
2establish the paternity parentage of a child, if genetic tests show that the alleged
3father person is not excluded and that the statistical probability of the alleged
4father's person's parentage is 99.0 percent or higher, on the motion of a party, the
5court shall make an appropriate temporary order for the payment of child support
6and may make a temporary order assigning responsibility for and directing the
7manner of payment of the child's health care expenses.
AB484,273 8Section 273 . 767.855 of the statutes is amended to read:
AB484,121,21 9767.855 Dismissal if adjudication not in child's best interest. Except as
10provided in s. 767.863 (1m), at any time in an action to establish the paternity
11parentage of a child, upon the motion of a party or guardian ad litem or the person
12who gave birth to the child if that person is not a party
, the court or supplemental
13court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court
14commissioner determines that a judicial determination of whether a male is the
15father of the child
parentage is not in the best interest of the child, dismiss the action
16with respect to the male alleged parent, regardless of whether genetic tests have
17been performed or what the results of the tests, if performed, were. Notwithstanding
18ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4),
19if genetic tests have not yet been performed with respect to the male alleged parent,
20the court or supplemental court commissioner is not required to order those genetic
21tests.
AB484,274 22Section 274 . 767.863 (1m) of the statutes is amended to read:
AB484,122,923 767.863 (1m) Paternity Parentage allegation by male person other than
24husband spouse; when determination not in best interest of child. In an action to
25establish the paternity parentage of a child who was born to a woman while she was

1married
couple during marriage, if a male person other than the woman's husband
2alleges that he, not the husband, is spouse of the person who gave birth claims to be
3the child's father parent, a party may allege that a judicial determination that a male
4person other than the husband is the father spouse of the person who gave birth is
5the parent
is not in the best interest of the child. If the court or a supplemental court
6commissioner under s. 757.675 (2) (g) determines that a judicial determination of
7whether a male person other than the husband is the father spouse of the person who
8gave birth is the parent
is not in the best interest of the child, no genetic tests may
9be ordered and the action shall be dismissed.
AB484,275 10Section 275 . 767.863 (2) of the statutes is amended to read:
AB484,122,2111 767.863 (2) Order for tests. If at the first appearance it appears from a
12sufficient petition or affidavit of the child's mother person who gave birth to the child
13or an alleged father parent of the child or from sworn testimony of the child's mother
14person who gave birth to the child or an alleged father parent of the child that there
15is probable cause to believe that any of the males persons named has had sexual
16intercourse with the mother person who gave birth to the child during a possible time
17of the child's conception, the court may, or upon the request of any party shall, order
18any of the named persons to submit to genetic tests. The tests shall be conducted in
19accordance with s. 767.84. The court is not required to order a person who has
20undergone a genetic test under s. 49.225 to submit to another genetic test under this
21subsection unless a party requests additional tests under s. 767.84 (2).
AB484,276 22Section 276 . 767.87 (1) (a), (b), (d) and (e) of the statutes are amended to read:
AB484,123,223 767.87 (1) (a) Evidence of sexual intercourse between the mother parent who
24gave birth
and alleged father parent at any possible time of conception or evidence

1of a relationship between the mother parent who gave birth and alleged father
2parent at any time.
AB484,123,53 (b) An expert's opinion concerning the statistical probability of the alleged
4father's paternity parent's parentage based upon the duration of the mother's
5pregnancy.
AB484,123,76 (d) The statistical probability of the alleged father's paternity parent's
7parentage
based upon the genetic tests.
AB484,123,98 (e) Medical, scientific, or genetic evidence relating to the alleged father's
9paternity
parent's parentage of the child based on tests performed by experts.
AB484,277 10Section 277 . 767.87 (1m) (intro.) of the statutes is amended to read:
AB484,123,1611 767.87 (1m) Birth record required. (intro.) If the child was born in this state,
12the petitioner shall present a certified copy of the child's birth record or a printed copy
13of the record from the birth database of the state registrar to the court, so that the
14court is aware of whether a name has been inserted on the birth record as the father
15parent of the child other than the person who gave birth to the child, at the earliest
16possible of the following:
AB484,278 17Section 278 . 767.87 (2) of the statutes is amended to read:
AB484,123,2118 767.87 (2) Admissibility of sexual relations by mother person who gave birth.
19Testimony relating to sexual relations or possible sexual relations of the mother
20person who gave birth any time other than the possible time of conception of the child
21is inadmissible in evidence, unless offered by the mother person who gave birth.
AB484,279 22Section 279 . 767.87 (3) of the statutes is amended to read:
AB484,124,423 767.87 (3) Evidence of identified male person not under jurisdiction. Except
24as provided in s. 767.84 (4), in an action against an alleged father parent, evidence
25offered by him the alleged parent with respect to an identified male person who is

1not subject to the jurisdiction of the court concerning that male's person's sexual
2intercourse with the mother person who gave birth at or about the presumptive time
3of conception of the child is admissible in evidence only after the alleged father
4parent has undergone genetic tests and made the results available to the court.
AB484,280 5Section 280. 767.87 (6) of the statutes is amended to read:
AB484,124,176 767.87 (6) When mother parent who gave birth not compelled to testify. (a)
7Whenever the state brings the action to determine paternity parentage pursuant to
8an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or
949.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the
10natural mother of parent who gave birth to the child may not be compelled to testify
11about the paternity parentage of the child if it has been determined that the mother
12parent who gave birth to the child has good cause for refusing to cooperate in
13establishing paternity parentage as provided in 42 USC 602 (a) (26) (B) and the
14federal regulations promulgated pursuant to this statute, as of July 1, 1981, and
15pursuant to any rules promulgated by the department which that define good cause
16in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B)
17in effect on July 1, 1981.
AB484,124,2218 (b) Nothing in par. (a) prevents the state from bringing an action to determine
19paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b)
202., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157
21or 49.159, where evidence other than the testimony of the mother person who gave
22birth
may establish the paternity parentage of the child.
AB484,281 23Section 281 . 767.87 (9) of the statutes is amended to read:
AB484,125,224 767.87 (9) Artificial insemination; natural father parent . Where If a child
25is conceived by artificial insemination, the husband spouse of the mother of person

1who gave birth to
the child at the time of the conception of the child is the natural
2father parent of the child, as provided in s. 891.40.
AB484,282 3Section 282 . 767.87 (10) of the statutes is amended to read:
AB484,125,74 767.87 (10) Record of mother's testimony admissible. A record of the
5testimony of the child's mother person who gave birth to the child relating to the
6child's paternity parentage, made as provided under s. 48.299 (8) or 938.299 (8), is
7admissible in evidence on the issue of paternity parentage.
AB484,283 8Section 283 . 767.88 (2) (b) and (c) of the statutes are amended to read:
AB484,125,109 767.88 (2) (b) That the alleged father parent voluntarily acknowledge
10paternity parentage of the child.
AB484,125,1411 (c) If the alleged father parent voluntarily acknowledges paternity parentage
12of the child, that he the acknowledged parent agree to the duty of support, the legal
13custody of the child, periods of physical placement of the child and other matters as
14determined to be in the best interests of the child by the court.
AB484,284 15Section 284 . 767.883 (1) of the statutes is amended to read:
AB484,126,1216 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
17dealing with the determination of paternity parentage and the 2nd part dealing with
18child support, legal custody, periods of physical placement, and related issues. The
19main issue at the first part shall be whether the alleged or presumed father parent
20is or is not the father parent of the mother's child, but if the child was born to the
21mother
while she the person who gave birth was the lawful wife spouse of a specified
22male person, the prior issue of whether the husband was spouse is not the father
23parent of the child shall be determined first, as provided under s. 891.39. The first
24part of the trial shall be by jury only if the defendant verbally requests a jury trial
25either at the initial appearance or pretrial hearing or requests a jury trial in writing

1prior to the pretrial hearing. The court may direct and, if requested by either party
2before the introduction of any testimony in the party's behalf, shall direct the jury
3to find a special verdict as to any of the issues specified in this section, except that
4the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the
5mother person who gave birth is dead, becomes insane, cannot be found within the
6jurisdiction, or fails to commence or pursue the action, the proceeding does not abate
7if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony
8of the mother person who gave birth, taken at the pretrial hearing, may in any such
9case be read in evidence if it is competent, relevant, and material. The issues of child
10support, custody and visitation, and related issues shall be determined by the court
11either immediately after the first part of the trial or at a later hearing before the
12court.
Loading...
Loading...