AB1000,,967967767.88 (2) (b) That the alleged father parent voluntarily acknowledge paternity parentage of the child.
AB1000,,968968(c) If the alleged father parent voluntarily acknowledges paternity parentage of the child, that he the acknowledged parent agree to the duty of support, the legal custody of the child, periods of physical placement of the child and other matters as determined to be in the best interests of the child by the court.
AB1000,284969Section 284. 767.883 (1) of the statutes is amended to read:
AB1000,,970970767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity parentage and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father parent is or is not the father parent of the mother’s child, but if the child was born to the mother while she the person who gave birth was the lawful wife spouse of a specified male person, the prior issue of whether the husband was spouse is not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party’s behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother person who gave birth is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother person who gave birth, taken at the pretrial hearing, may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.
AB1000,285971Section 285. 767.89 (2) (a) of the statutes is amended to read:
AB1000,,972972767.89 (2) (a) The clerk of court or county child support agency under s. 59.53 (5) shall file with the state registrar, within 30 days after the entry of a judgment or order determining paternity parentage, a report showing the names, dates, and birth places of the child and the father adjudicated parent, the social security numbers of the mother, father person who gave birth to the child, adjudicated parent, and child, and the maiden name of the mother full birth name of the person who gave birth to the child on a form designated by the state registrar, along with the fee set forth in s. 69.22 (5), which the clerk of court or county child support agency shall collect.
AB1000,286973Section 286. 767.89 (2) (b) (intro.) of the statutes is renumbered 767.89 (2) (b) and amended to read:
AB1000,,974974767.89 (2) (b) If, under par. (a), the clerk of court or county child support agency is unable to collect any of the following fees under par. (a) a fee for omitting, changing, or inserting a parent’s name on a birth record under s. 69.15 (3) (a) 1., 2., or 3., the department shall pay the fee and may not require the county or county child support agency to reimburse the department for the cost:.
AB1000,287975Section 287. 767.89 (2) (b) 1., 2. and 3. of the statutes are repealed.
AB1000,288976Section 288. 767.89 (3) (e) of the statutes is amended to read:
AB1000,,977977767.89 (3) (e) 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,,9789782. 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.
AB1000,289979Section 289. 767.893 (1m), (2) (b) 1. and 2. and (2m) (a) of the statutes are amended to read:
AB1000,,980980767.893 (1m) Judgment when mother parent fails to appear. Notwithstanding sub. (1), a court may enter an order adjudicating the alleged father parent, or male person alleging that he is the father to be the parent, to be the father parent of the child under s. 767.89 if the mother of person who gave birth to the child fails to appear at the first appearance, scheduled genetic test, pretrial hearing, or trial if sufficient evidence exists to establish the male person as the father parent of the child.
AB1000,,981981(2) (b) 1. Only one of those persons fails to appear and all of the other male respondents have been excluded as the father parent.
AB1000,,9829822. The alleged father parent who fails to appear has had genetic tests under s. 49.225 or 767.84 showing that the alleged father parent is not excluded and that the statistical probability of the alleged father’s parent’s parentage is 99.0 percent or higher.
AB1000,,983983(2m) (a) At any time after service of the summons and petition, a respondent who is the alleged father parent may, with or without appearance in court and subject to the approval of the court, in writing acknowledge that he the alleged parent has read and understands the notice under s. 767.813 (5g) and stipulate that he is to being the father parent of the child and for child support payments, legal custody, and physical placement. The court may not approve a stipulation for child support unless it provides for payment of child support determined in a manner consistent with s. 767.511 or 767.89.
AB1000,290984Section 290. 767.895 (intro.) of the statutes is amended to read:
AB1000,,985985767.895 Motion to reopen judgment based on statement acknowledging paternity parentage. (intro.) A judgment which adjudicates a person to be the father parent of a child and which was based upon a statement acknowledging paternity parentage that was signed and filed before April 1, 1998, may, if no trial was conducted, be reopened under any of the following circumstances:
AB1000,291986Section 291. 769.201 (1m) (g) of the statutes is amended to read:
AB1000,,987987769.201 (1m) (g) The individual asserted parentage of a child in a declaration of paternal parental interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity parentage filed with the state registrar under s. 69.15 (3) (b) 1. or 3.
AB1000,292988Section 292. 769.316 (4) of the statutes is amended to read:
AB1000,,989989769.316 (4) Copies of bills for testing for parentage of a child, or for prenatal and postnatal health care of the mother person who gave birth and the child, or copies of reports of medical assistance payments under subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary, and customary.
AB1000,293990Section 293. 769.316 (9) of the statutes is amended to read:
AB1000,,991991769.316 (9) The defense of immunity based on the relationship of husband and wife between spouses or parent and child does not apply in a proceeding under this chapter.
AB1000,294992Section 294. 769.401 (2) (a) of the statutes is amended to read:
AB1000,,993993769.401 (2) (a) A parent or presumed father parent of the child.
AB1000,295994Section 295. 769.401 (2) (g) of the statutes is repealed.
AB1000,296995Section 296. 770.07 (2) of the statutes is amended to read: