AB1000: Bill Text

AB1000,247 Section 247. 767.803 of the statutes is amended to read:

AB1000,,757 767.803 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.

AB1000,248 Section 248. 767.804 (1) (title) of the statutes is amended to read:

AB1000,,759 767.804 (1) (title) Conclusive determination of paternity parentage.

AB1000,249 Section 249. 767.804 (1) (a) (intro.), 1., 3. and 4. of the statutes are amended to read:

AB1000,,761 767.804 (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:

AB1000,,762 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.

AB1000,,763 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.

AB1000,,764 4. No other male person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

AB1000,250 Section 250. 767.804 (1) (b) (intro.), 2., 3. and 4. of the statutes are amended to read:

AB1000,,766 767.804 (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:

AB1000,,767 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.

AB1000,,768 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.

AB1000,,769 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.

AB1000,251 Section 251. 767.804 (1) (c) 1. and 2. of the statutes are amended to read:

AB1000,,771 767.804 (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.

AB1000,,772 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.

AB1000,252 Section 252. 767.804 (1) (d) of the statutes is amended to read:

AB1000,,774 767.804 (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.

AB1000,253 Section 253. 767.804 (2) of the statutes is amended to read:

AB1000,,776 767.804 (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.

AB1000,254 Section 254. 767.804 (3) (d) 1. and 2. of the statutes are amended to read:

AB1000,,778 767.804 (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.

AB1000,,779 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.

AB1000,255 Section 255. 767.804 (4) (a) 1. (intro.) of the statutes is amended to read:

AB1000,,781 767.804 (4) (a) 1. (intro.) That he or she the party was induced to delay commencing the action by any of the following:

AB1000,256 Section 256. 767.804 (4) (a) 2. of the statutes is amended to read:

AB1000,,783 767.804 (4) (a) 2. That, after the inducement ceased to operate, he or she the party did not unreasonably delay in commencing the action.

AB1000,257 Section 257. 767.805 (2) (b) of the statutes is amended to read:

AB1000,,785 767.805 (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.

AB1000,258 Section 258. 767.805 (4) (d) of the statutes is amended to read:

AB1000,,787 767.805 (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.

AB1000,,788 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.

AB1000,259 Section 259. 767.805 (5) (b) of the statutes is amended to read:

AB1000,,790 767.805 (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.

AB1000,260 Section 260. 767.813 (5) (a), (b) and (c) of the statutes are amended to read:

AB1000,,792 767.813 (5) (a) Mother Parent as petitioner.

AB1000,,793 STATE OF WISCONSIN,   CIRCUIT COURT: ....COUNTY

AB1000,,796 In re the Paternity Parentage of A. B.

AB1000,,797 STATE OF WISCONSIN

AB1000,,798 and

AB1000,,799 C. D. (Mother Parent-Petitioner)

AB1000,,800 Address

AB1000,,801 City, State Zip Code File No. ...

AB1000,,802 , Petitioners

AB1000,,803 vs. S U M M O N S

AB1000,,804 E. F.

AB1000,,805 Address   .... (Case Classification Type):.... (Code No.)

AB1000,,806 City, State Zip Code

AB1000,,807 , Respondent

AB1000,,810 THE STATE OF WISCONSIN, To the Respondent:

AB1000,,811 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:

AB1000,,812 Date:    

AB1000,,813 Time:    

AB1000,,814 Room:    

AB1000,,815 Judge or Circuit Court Commissioner:    

AB1000,,816 Address:    

AB1000,,817 2. If you do not appear, the court will enter a default judgment finding you to be the father parent.

AB1000,,818 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.

AB1000,,819 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.

AB1000,,820 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 .....

AB1000,,821 Dated: ...., .... (year)

AB1000,,822 Signed:.... ....

AB1000,,823 G. H., Clerk of Circuit Court

AB1000,,824 or

AB1000,,825 Petitioner’s Attorney

AB1000,,826 State Bar No.: ....

AB1000,,827 Address: ....

AB1000,,828 City, State Zip Code: ....

AB1000,,829 Phone No.: ....

AB1000,,830 (b) Alleged father parent as petitioner.

AB1000,,831 STATE OF WISCONSIN,   CIRCUIT COURT: ....COUNTY

AB1000,,834 In re the Paternity Parentage of A. B.

AB1000,,835 C. D. (Alleged Father Parent-Petitioner)

AB1000,,836 Address

AB1000,,837 City, State Zip Code File No. ...

AB1000,,838 , Petitioners

AB1000,,839 vs. S U M M O N S

AB1000,,840 E. F.

AB1000,,841 Address   .... (Case Classification Type):.... (Code No.)

AB1000,,842 City, State Zip Code

AB1000,,843 , Respondent

AB1000,,846 THE STATE OF WISCONSIN, To the Respondent:

AB1000,,847 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:

AB1000,,848 Date: