AB337,64,11
7(5) Voiding determination. (a) A determination of
paternity parentage that
8arises under this section may be voided at any time upon a motion or petition stating
9facts that show fraud, duress or a mistake of fact. Except for good cause shown, any
10orders entered under sub. (4) shall remain in effect during the pendency of a
11proceeding under this paragraph.
AB337,64,1812
(b) If a court in a proceeding under par. (a) determines that the
male person is
13not the
father parent of the child, the court shall vacate any order entered under sub.
14(4) with respect to the
male person. The court or the county child support agency
15under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15
16(1) (b), to remove the
male's person's name as the
father parent of the child from the
17child's birth record. No paternity action may thereafter be brought against the
male 18person with respect to the child.
AB337,64,20
19(6) (a) (intro.) This section does not apply unless all of the following apply to
20the statement acknowledging
paternity parentage:
AB337,146
21Section 146
. 767.855 of the statutes is amended to read:
AB337,65,4
22767.855 Dismissal if adjudication not in child's best interest. Except as
23provided in s. 767.863 (1m), at any time in an action to establish the paternity of a
24child, upon the motion of a party or guardian ad litem
or the child's mother if she is
25not a party, the court or supplemental court commissioner under s. 757.675 (2) (g)
1may, with respect to a male, refuse to order genetic tests, if genetic tests have not yet
2been taken, and dismiss the action if the court or supplemental court commissioner
3determines that a judicial determination of whether the male is the father of the
4child is not in the best interest of the child.
AB337,147
5Section
147. 767.863 (1m) of the statutes is amended to read:
AB337,65,166
767.863
(1m) Paternity allegation by male person other than husband
7spouse; when determination not in best interest of child. In an action to establish
8the paternity of a child who was born to a woman while she was married, if a
male 9person other than the woman's
husband spouse alleges that he, not the
husband 10woman's spouse, is the child's
father biological parent, a party
, or the woman if she
11is not a party, may allege that a judicial determination that a
male person other than
12the
husband woman's spouse is the
father biological parent is not in the best interest
13of the child. If the court or a supplemental court commissioner under s. 757.675 (2)
14(g) determines that a judicial determination of whether a
male person other than the
15husband woman's spouse is the
father biological parent is not in the best interest of
16the child, no genetic tests may be ordered and the action shall be dismissed.
AB337,148
17Section 148
. 767.87 (1m) (intro.) of the statutes is amended to read:
AB337,65,2218
767.87
(1m) Birth record required. (intro.) If the child was born in this state,
19the petitioner shall present a certified copy of the child's birth record or a printed copy
20of the record from the birth database of the state registrar to the court, so that the
21court is aware of whether a name has been inserted on the birth record as the
father 22parent of the child
other than the mother, at the earliest possible of the following:
AB337,149
23Section 149
. 767.87 (8) of the statutes is amended to read:
AB337,66,324
767.87
(8) Burden of proof. The party bringing an action for the purpose of
25determining paternity or for the purpose of declaring the nonexistence of paternity
1presumed under s. 891.405 or
the nonexistence of parentage presumed under s. 2891.41 (1) shall have the burden of proving the issues involved by clear and
3satisfactory preponderance of the evidence.
AB337,150
4Section
150. 767.87 (9) of the statutes is amended to read:
AB337,66,85
767.87
(9) Artificial insemination; natural father parent. Where If a child
6is conceived by artificial insemination, the
husband spouse of the mother of the child
7at the time of the conception of the child is the natural
father parent of the child, as
8provided in s. 891.40.
AB337,151
9Section
151. 767.883 (1) of the statutes is amended to read:
AB337,67,510
767.883
(1) Two parts. The trial shall be divided into 2 parts, the first part
11dealing with the determination of paternity and the 2nd part dealing with child
12support, legal custody, periods of physical placement, and related issues. The main
13issue at the first part shall be whether the alleged or presumed
father parent is or
14is not the
father parent of the mother's child, but if the child was born to the mother
15while she was the lawful
wife spouse of a specified
male person, the prior issue of
16whether the
husband mother's spouse was not the
father parent of the child shall be
17determined first, as provided under s. 891.39. The first part of the trial shall be by
18jury only if the defendant verbally requests a jury trial either at the initial
19appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial
20hearing. The court may direct and, if requested by either party before the
21introduction of any testimony in the party's behalf, shall direct the jury to find a
22special verdict as to any of the issues specified in this section, except that the court
23shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead,
24becomes insane, cannot be found within the jurisdiction, or fails to commence or
25pursue the action, the proceeding does not abate if any of the persons under s. 767.80
1(1) makes a motion to continue. The testimony of the mother taken at the pretrial
2hearing may in any such case be read in evidence if it is competent, relevant, and
3material. The issues of child support, custody
, and visitation, and related issues shall
4be determined by the court either immediately after the first part of the trial or at
5a later hearing before the court.
AB337,152
6Section
152. 769.316 (9) of the statutes is amended to read:
AB337,67,97
769.316
(9) The defense of immunity based on the relationship
of husband and
8wife between spouses or parent and child does not apply in a proceeding under this
9chapter.
AB337,153
10Section 153
. 769.401 (2) (a) of the statutes is amended to read:
AB337,67,1111
769.401
(2) (a) A
parent or presumed
father parent of the child.
AB337,154
12Section 154
. 769.401 (2) (g) of the statutes is repealed.
AB337,155
13Section
155. 815.20 (1) of the statutes is amended to read:
AB337,68,214
815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
15resident owner and occupied by him or her shall be exempt from execution, from the
16lien of every judgment, and from liability for the debts of the owner to the amount
17of $75,000, except mortgages, laborers', mechanics', and purchase money liens
, and
18taxes
, and except as otherwise provided. The exemption shall not be impaired by
19temporary removal with the intention to reoccupy the premises as a homestead nor
20by the sale of the homestead, but shall extend to the proceeds derived from the sale
21to an amount not exceeding $75,000, while held, with the intention to procure
22another homestead with the proceeds, for 2 years. The exemption extends to land
23owned by
husband and wife spouses jointly or in common or as marital property, and
24each spouse may claim a homestead exemption of not more than $75,000. The
1exemption extends to the interest therein of tenants in common, having a homestead
2thereon with the consent of the cotenants, and to any estate less than a fee.
AB337,156
3Section
156. 822.40 (4) of the statutes is amended to read:
AB337,68,74
822.40
(4) A privilege against disclosure of communications between spouses
5and a defense of immunity based on the relationship
of husband and wife between
6spouses or parent and child may not be invoked in a proceeding under this
7subchapter.
AB337,157
8Section
157. 851.30 (2) (a) of the statutes is amended to read:
AB337,68,139
851.30
(2) (a) An individual who obtains or consents to a final decree or
10judgment of divorce from the decedent or an annulment of their marriage, if the
11decree or judgment is not recognized as valid in this state, unless they subsequently
12participate in a marriage ceremony purporting to marry each other or they
13subsequently hold themselves out as
husband and wife married to each other.
AB337,158
14Section 158
. 852.01 (1) (f) 1. of the statutes is amended to read:
AB337,68,1815
852.01
(1) (f) 1. One-half to the
maternal grandparents
on one side equally if
16both survive, or to the surviving
maternal grandparent
on that side; if both
maternal 17grandparents
on that side are deceased, to the issue of the
maternal grandparents
18on that side or either of them, per stirpes.
AB337,159
19Section 159
. 852.01 (1) (f) 2. of the statutes is amended to read: