767.45(6r)(a)2.
2. As soon as possible, but no later than 30 days after the date on which the referral is received, notify the court that referred the matter of one of the following:
767.45(6r)(a)2.a.
a. The date on which an action has been brought under this section or the approximate date on which such an action will be brought.
767.45(6r)(a)2.b.
b. That a determination has been made that an action should not be brought under this section or, if such a determination has not been made, the approximate date on which a determination will be made as to whether such an action should be brought.
767.45(6r)(a)3.
3. If an action is brought under this section, notify the court that referred the matter as soon as possible of a judgment or order determining the existence or nonexistence of paternity.
767.45(6r)(b)
(b) The attorney designated under
sub. (6) (a) who receives a referral under
s. 48.299 (7) or
938.299 (7) may bring an action under this section on behalf of the state and may give priority to the referral and notify the referring court in the same manner as is required under
par. (a) when a matter is referred under
s. 48.299 (6) (a) or
938.299 (6) (a).
767.45(7)
(7) The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under
sub. (1) (g) or
(6m), a document setting forth the percentage standard established by the department under
s. 49.22 (9) and listing the factors which a court may consider under
s. 767.51 (5).
767.45 Annotation
Paternity proceeding may not be maintained posthumously. In re Estate of Blumreich, 84 W (2d) 545, 267 NW (2d) 870 (1978).
767.45 Annotation
See note to Art. I, sec. 9, citing In re Paternity of R.W.L. 116 W (2d) 150, 341 NW (2d) 682 (1984).
767.45 Annotation
Paternity action may not be brought against deceased putative father. Paternity of N. L. B., 140 W (2d) 400, 411 NW (2d) 144 (Ct. App. 1987).
767.45 Annotation
Under facts of case, nonbiological father wasn't equitably estopped from denying paternity or child support. Marriage of A. J. N. & J. M. N., 141 W (2d) 99, 414 NW (2d) 68 (Ct. App. 1987).
767.45 Annotation
Posthumous paternity action is allowable where it is brought by personal representative of the deceased putative father. Le Fevre v. Schreiber, 167 W (2d) 733, 482 NW (2d) 904 (1992).
767.45 Annotation
Paternity action may not be used to challenge paternity previously decided in divorce action; that paternity was not challenged in divorce is irrelevant where it could have been litigated. In Re Paternity of Nathan T. 174 W (2d) 352, 497 NW (2d) 740 (Ct. App. 1993).
767.45 Annotation
Full-faith-and-credit clause of U.S. Constitution did not bar petition to determine paternity where paternity decree of another state would have been subject to collateral attack in that state. In Re Paternity of R.L.L. 176 W (2d) 224, NW (2d) (Ct. App. 1993).
767.45 Annotation
Because a child has a right to bring an independent action for paternity under sub. (1) (a), where the child was not a party to an earlier paternity action, it would be a violation of the child's due process rights to preclude the child from litigating the paternity issue. Mayonia M.M. v. Kieth N. 202 W (2d) 461, 551 NW (2d) 34 (Ct. App. 1996).
767.455(1)(1)
Purpose. The summons shall state the purpose of the action.
767.455(2)
(2) Signing. The process shall be signed by the clerk of the court or by the petitioner's attorney.
767.455(3)
(3) Return date. Every summons shall specify a return date and time before the court. The clerk of the court shall set the date and hour at which the summons is returnable.
767.455(4)
(4) Service. The summons and petition shall be served in the manner provided in
s. 801.11 (1) (a) or
(b) or, notwithstanding
s. 990.001 (13), by registered or certified mail, with return receipt signed by the respondent.
767.455(5)
(5) Form. The summons shall be in substantially the following form:
STATE OF WISCONSIN, CIRCUIT COURT: ....COUNTY
In re the Paternity of A. B.
STATE OF WISCONSIN
and
C. D.
Address
City, State Zip Code File No. ...
, Petitioners
vs. S U M M O N S
E. F.
Address .... (Case Classification Type):.... (Code No.)
City, State Zip Code
, Respondent
THE STATE OF WISCONSIN, To the Respondent:
You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date:
Time:
Room:
Judge or Family Court Commissioner:
Address:
If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. 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 blood tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0%. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.
Dated: ...., 19 ..
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
767.455(5g)
(5g) Notice. The notice to respondent shall be attached to the summons. The notice shall be in boldface type and substantially the following form:
NOTICE TO RESPONDENT
1. You have been named in a petition alleging paternity. A judgment of paternity would legally designate the child as your child, grant parental rights to you, create the right of inheritance for the child, obligate you to pay child support until the child reaches the age of 18, or the age 19 if the child is enrolled full-time in high school or its equivalent, and make your failure to pay child support punishable by imprisonment as a contempt of court or as a criminal violation.
2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you only upon one or more of the genetic tests taken during the proceedings showing that you are not excluded as the father and that the statistical probability of your being the father is less than 99.0%. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .
767.455 Note
NOTE: Sub. (5g) (intro.) Form, paragraph 2., is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
3. You may request genetic tests which will indicate the probability that you are or are not the father of the child. The court will order genetic tests on request by you, the state or any other party. Any person who refuses to take court-ordered genetic tests may be punished for contempt of court.
4. The petitioner has the burden of proving by a clear and satisfactory preponderance of the evidence that you are the father. However, if genetic tests show that you are not excluded as the father and that the statistical probability of your being the father is 99.0% or higher, you are rebuttably presumed to be the father.
5. The following defenses are available to you:
(a) That you were sterile or impotent at the time of conception.
(b) That you did not have sexual intercourse with the mother of the child during the conceptive period as provided in s.
891.395.
(c) That another man did have sexual intercourse with the mother of the child during the conceptive period.
6. You have the right to request a jury trial.
7. If you fail to appear at any stage of the proceeding, including a scheduled genetic test, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you at your address on file with the court, unless within those 30 days you present to the court evidence of good cause for your failure to appear or your failure to have undergone a genetic test. You need not appear at the time and place specified in the summons if you complete the attached waiver of first appearance statement and deliver it to the court by the date specified in the waiver of first appearance statement.
8. You must keep the clerk of court informed of your current address at all times.
767.455(5r)
(5r) Waiver of first appearance. The waiver of first appearance statement shall be attached to the summons. The waiver of first appearance statement shall be in boldface type and substantially the following form:
WAIVER OF FIRST APPEARANCE
1. I understand that by signing this waiver and agreeing to its terms I am not required to appear at the time and place specified in the summons. If I do not sign this statement, I am required to appear at the time and place specified in the summons.
2. I understand that I will be notified by the court of all future stages in the proceeding and agree to appear at those stages. If I fail to appear at any stage, including a scheduled genetic test, the court will enter a default judgment finding me to be the father. A default judgment will take effect 30 days after it is served on or mailed to me, unless within those 30 days I present to the court evidence of good cause for my failure to appear or my failure to have undergone a genetic test.
3. I enter the following plea (check only one):
.... I agree that I am the child's father.
.... I deny that I am the child's father.
.... I agree that I am the child's father, subject to confirmation by a genetic test.
If I enter a plea agreeing that I am the child's father, a judgment of paternity will be entered against me. If I enter a plea denying that I am the child's father or a plea agreeing that I am the child's father, subject to a genetic test, I agree to undergo a genetic test.
4. I have read the summons and the notice or have had them read to me.
5. This waiver of first appearance statement is valid only if it is delivered to the court on or before .....
6. I will keep the clerk of court informed of my address at all times. The following is my current address:
....................................................
Street address and apartment number
............................................
City State Zip Code
...... ......................................
Date Signature of Respondent
767.455(5w)
(5w) Exception. Subsections (5) to
(5r) do not apply in an action brought by a man alleging himself to be the father of the child.
767.455(6)
(6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under
s. 49.22 (9) and listing the factors which a court may consider under
s. 767.51 (5).
767.455 History
History: 1979 c. 352;
1981 c. 314;
1983 a. 447;
1985 a. 29;
1987 a. 27,
413; Sup. Ct. Order, 171 W (2d) xix (1992);
1993 a. 16,
481;
1995 a. 27 ss.
7112,
7113b,
9126 (19);
1995 a. 100,
404,
417; s. 13.93 (2) (c).
