SB464,58,65
49.90
(4) The circuit court shall in a summary way hear the allegations and
6proofs of the parties and by order require maintenance from these relatives, if they
7have sufficient ability, considering their own future maintenance and making
8reasonable allowance for the protection of the property and investments from which
9they derive their living and their care and protection in old age, in the following
10order: First the
husband or wife spouse; then the
father and the mother parents; and
11then the grandparents in the instances in which sub. (1) (a) 2. applies. The order
12shall specify a sum
which that will be sufficient for the support of the dependent
13person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under
14sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until
15the further order of the court. If the court is satisfied that any such relative is unable
16wholly to maintain the dependent person or the child, but is able to contribute to the
17person's support or the child's maintenance, the court may direct 2 or more of the
18relatives to maintain the person or the child and prescribe the proportion each shall
19contribute. If the court is satisfied that these relatives are unable together wholly
20to maintain the dependent person or the child, but are able to contribute to the
21person's support or the child's maintenance, the court shall direct a sum to be paid
22weekly or monthly by each relative in proportion to ability. Contributions directed
23by court order, if for less than full support, shall be paid to the department of health
24services or the department of children and families, whichever is appropriate, and
25distributed as required by state and federal law. An order under this subsection that
1relates to maintenance required under sub. (1) (a) 2. shall specifically assign
2responsibility for and direct the manner of payment of the child's health care
3expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application
4of any party affected by the order and upon like notice and procedure, the court may
5modify such an order. Obedience to such an order may be enforced by proceedings
6for contempt.
SB464,144
7Section 144
. 51.13 (4) (h) 4. of the statutes is amended to read:
SB464,58,138
51.13
(4) (h) 4. If there is a reason to believe the minor is in need of protection
9or services under s. 48.13 or 938.13 or the minor is
an expectant mother of pregnant
10with an unborn child in need of protection or services under s. 48.133, dismiss the
11petition and authorize the filing of a petition under s. 48.25 (3) or 938.25 (3). The
12court may release the minor or may order that the minor be taken and held in custody
13under s. 48.19 (1) (c) or (cm) or 938.19 (1) (c).
SB464,145
14Section 145
. 54.01 (36) (a) of the statutes is amended to read:
SB464,58,1915
54.01
(36) (a) An individual who obtains or consents to a final decree or
16judgment of divorce from the decedent or an annulment of their marriage, if the
17decree or judgment is not recognized as valid in this state, unless the 2 subsequently
18participated in a marriage ceremony purporting to marry each other or they
19subsequently held themselves out as
husband and wife
married to each other.
SB464,146
20Section 146
. 54.960 (1) of the statutes is amended to read:
SB464,59,221
54.960
(1) Beneficial interests in a custodial trust created for multiple
22beneficiaries are deemed to be separate custodial trusts of equal undivided interests
23for each beneficiary. Except in a transfer or declaration for use and benefit of
24husband and wife 2 individuals who are married to each other, for whom
25survivorship is presumed, a right of survivorship does not exist unless the
1instrument creating the custodial trust specifically provides for survivorship or
2survivorship is required as to marital property.
SB464,147
3Section 147
. 69.03 (14) of the statutes is amended to read:
SB464,59,104
69.03
(14) Provide hospitals with a pamphlet containing information for
5parents about birth records
, including how to add the name of the
father other parent 6of a child whose parents were not married at any time from the conception to the birth
7of the child to the birth record under s. 69.15 (3) (b) or, if the
father other parent will
8not sign an affidavit, through a
paternity parentage action; the legal significance and
9future medical advantages to the child of having the
father's other parent's name
10inserted on the birth record; and the availability of services under s. 49.22.
SB464,148
11Section 148
. 69.03 (15) of the statutes is amended to read:
SB464,59,1512
69.03
(15) Periodically provide to each county child support agency under s.
1359.53 (5) a list of names and, notwithstanding s. 69.20 (2) (a), addresses of registrants
14who reside in that county for whom
no father's
only one parent's name has been
15inserted on the registrant's birth record within 6 months of birth.
SB464,149
16Section 149
. 69.11 (4) (b) of the statutes is amended to read:
SB464,60,517
69.11
(4) (b) The state registrar may amend an item on a birth record that
18affects information about the name, sex, date of birth, place of birth, parent's name,
19or
parent's marital status
of the mother if 365 days have elapsed since the occurrence
20of the event that is the subject of the birth record, if the amendment is at the request
21of a person with a direct and tangible interest in the record and is in the manner
22prescribed by the state registrar, and if the amendment is accompanied by 2 items
23of documentary evidence from early childhood that are sufficient to prove that the
24item to be changed is in error and by the affidavit of the person requesting the
25amendment. A change in the marital status on the birth record may be made under
1this paragraph only if the marital status is inconsistent with information
concerning
2the father or husband that appears on the birth record. This paragraph may not be
3used to add to or delete from a birth record the name of a parent, to change the
4identity of a parent named on the birth record, or to effect a name change prohibited
5under s. 301.47.
SB464,150
6Section 150
. 69.12 (5) of the statutes is amended to read:
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69.12
(5) A change in the marital status on the record of birth may be requested
8under this section only if the marital status is inconsistent with
father or husband 9information appearing on the birth record. This section may not be used to add or
10delete the name of a parent on the record of birth or change the identity of either
11parent named on the birth record.
SB464,151
12Section
151. 69.13 (intro.) of the statutes is amended to read:
SB464,60,17
1369.13 Correction of facts misrepresented by informant for record of
14birth. (intro.) The state registrar may, under an order issued by the circuit court
15of the county in which a birth occurred, correct information about the parent or the
16marital status of the
mother person who gave birth on a record of birth that is
17registered in this state if all of the following conditions apply:
SB464,152
18Section 152
. 69.13 (2) (b) 4. of the statutes is amended to read:
SB464,60,2319
69.13
(2) (b) 4. If relevant to the correction sought, a certified copy of a marriage
20document, divorce or annulment record, or a final divorce decree that indicates that
21the
mother person who gave birth to the child was not married to the person listed
22as
his or her
husband spouse at any time during the pregnancy, a legal name change
23order, or any other legal document that clarifies the disputed information.
SB464,153
24Section 153
. 69.14 (1) (c) 4. of the statutes is amended to read:
SB464,61,4
169.14
(1) (c) 4. In the absence of a person under subds. 1. to 3., the
father or 2mother parent, parent's spouse, or
, in the absence of
the father
the parent or parent's
3spouse and the inability of the
mother person who gave birth to the child, the person
4responsible for the premises where the birth occurs.
SB464,154
5Section 154
. 69.14 (1) (cm) of the statutes is amended to read:
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69.14
(1) (cm)
Information concerning
paternity parentage. For a birth which
7occurs en route to or at a hospital, the filing party shall give the
mother person who
8gave birth a copy of the pamphlet under s. 69.03 (14). If the child's parents are not
9married at the time of the child's birth, the filing party shall give the
mother person
10who gave birth a copy of the form prescribed by the state registrar under s. 69.15 (3)
11(b) 3. The filing party shall ensure that trained, designated hospital staff provide to
12the child's available parents oral information or an audio or video presentation and
13written information about the form and the significance and benefits of, and
14alternatives to, establishing
paternity parentage, before the parents sign the form.
15The filing party shall also provide an opportunity to complete the form and have the
16form notarized in the hospital. If the
mother
person who gave birth provides a
17completed form to the filing party while
she
the person is a patient in the hospital
18and within 5 days after the birth, the filing party shall send the form directly to the
19state registrar. The department of children and families shall pay the filing party
20a financial incentive for correctly filing a form within 60 days after the child's birth.
SB464,155
21Section 155
. 69.14 (1) (e) of the statutes is amended to read:
SB464,62,222
69.14
(1) (e)
Father's
Other parent's name. 1. If the
mother of person who gave
23birth to a registrant under this section was married at any time from the conception
24to the birth of the registrant, the name of the
husband spouse of the
mother person
25who gave birth shall be entered on the birth record as
the a legal
father parent of the
1registrant. The name of the
father parent entered under this subdivision may not
2be changed except by a proceeding under ch.
48 or 767.
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2. If the
mother person who gave birth was not married at any time from the
4conception to the birth of a registrant under this section, no name of any alleged
5father parent of the registrant may be entered as
the father a parent on the birth
6record except as provided under s. 69.15 (3). If under this subdivision the name of
7the father a parent of the registrant of a birth record is omitted from the record, no
8other information about the
father parent may be entered on the record.
SB464,156
9Section 156
. 69.14 (1) (f) 1. of the statutes is amended to read:
SB464,62,1510
69.14
(1) (f) 1. a. Except as provided under subd. 1. b., if the
mother of person
11who gave birth to a registrant of a birth record under this section is married
to the
12father of the registrant at any time from the conception to the birth of the registrant,
13the given name and surname
which that the
mother and father parents of the
14registrant enter for the registrant on the birth record shall be the given name and
15surname filed and registered on the birth record.
SB464,62,2516
b. If the
mother parents of a registrant of a birth record under this section
is 17are married to
the father of the registrant each other at any time from the conception
18to the birth of the registrant and
the mother is
are separated or divorced
from the
19father of the registrant at the time of birth, the given name and surname
which that 20the parent of the registrant with actual custody enters for the registrant on the birth
21record shall be the given name and surname filed and registered on the birth record,
22except that if a court has granted legal custody of the registrant, the given name and
23surname
which that the person with legal custody enters for the registrant on the
24birth record shall be the given name and surname filed and registered on the birth
25record.