SB107: Bill Text

SB107,33,18 (a) The parent desiring to establish a different legal residence for the child files a petition, motion or order to show cause for that purpose.

SB107,33,20 (b) The other parent has notice of the hearing on the petition, motion or order to show cause.

SB107,33,24 (c) The parent desiring to establish a different legal residence for the child shows by clear and convincing evidence that, for a period of at least one year, the other parent has exercised his or her physical placement rights for less than 10% of the amount of time that he or she was awarded by the court.

SB107,34,8 (6) Notwithstanding sub. (1), if both parents specified in sub. (1) wish to establish their legal residences or a legal residence for the child outside the current school district of the child and do not agree on a new school district for the child, the court may designate one of the new legal residences of the parents as the child's legal residence for the purpose of establishing a new school district for the child. In making the determination under this subsection, the court shall specify as the child's legal residence the location that the court determines will maximize the amount of time that each parent may spend with the child.

SB107,34,15 (7) Notwithstanding sub. (1), if a parent specified in sub. (1) has established his or her legal residence outside the state or at a location within the state that is at a distance of 150 miles or more from the child's current school district, the court may allow the parent whose legal residence is in the child's current school district to establish a legal residence for the child outside the child's current school district if the move does not increase the distance between the child and the other parent and the other parent does not wish to move back to the child's current school district.

SB107,34,18 (8) Unless the parents agree otherwise, a parent with legal custody and physical placement rights shall notify and obtain the written approval of the other parent before removing the child from the state for a period of 14 days or more.

SB107, s. 104 Section 104. 767.33 (1m) (a) of the statutes is renumbered 767.33 (1m) and amended to read:

SB107,34,24 767.33 (1m) Except as provided in par. (b), this This section applies only to an order under s. 767.23 or 767.25 in which payment is expressed as a fixed sum. It does not apply to such an order in which payment is expressed as a percentage of parental income.

SB107, s. 105 Section 105. 767.33 (1m) (b) of the statutes is repealed.

SB107, s. 106 Section 106. 767.45 (1) (d) of the statutes is amended to read:

SB107,35,5 767.45 (1) (d) A man alleged or alleging himself to be the father of the child, including a man against whom an action was dismissed under s. 767.458 (1m), 1997 stats., or 767.463, 1997 stats., before the effective date of this paragraph .... [revisor inserts date].

SB107, s. 107 Section 107. 767.45 (1) (i) of the statutes is amended to read:

SB107,35,8 767.45 (1) (i) A guardian ad litem appointed for the child under s. 48.235, 767.045 (1) (c) (2) (a) or 938.235.

SB107, s. 108 Section 108. 767.45 (2) of the statutes is repealed.

SB107, s. 109 Section 109. 767.458 (1) (b) of the statutes is amended to read:

SB107,35,16 767.458 (1) (b) If the respondent is unable to afford counsel due to indigency, and the petitioner is represented by a government attorney under s. 767.45 (1) (g) or (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c) (2) (a), counsel shall be appointed for the respondent as provided in s. 767.52 and ch. 977, unless the respondent knowingly and voluntarily waives the appointment of counsel;

SB107, s. 110 Section 110. 767.458 (1) (c) of the statutes is amended to read:

SB107,35,21 767.458 (1) (c) Except as provided under sub. (1m) and s. 767.463, the The respondent may request the administration of genetic tests which either demonstrate that he is not the father of the child or which demonstrate the probability that he is or is not the father of the child;

SB107, s. 111 Section 111. 767.458 (1) (d) of the statutes is amended to read:

SB107,35,24 767.458 (1) (d) Except as provided in subs. (1m) and (2) and s. 767.463, the The court will order genetic tests upon the request of any party; and

SB107, s. 112 Section 112. 767.458 (1m) of the statutes is repealed.

SB107, s. 113 Section 113. 767.46 (2) (c) of the statutes is amended to read:

SB107,36,5 767.46 (2) (c) If the alleged father voluntarily acknowledges paternity of the child, that he 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.

SB107, s. 114 Section 114. 767.46 (4) of the statutes is amended to read:

SB107,36,11 767.46 (4) If a party or the any guardian ad litem appointed under s. 48.235 or 767.475 (1) refuses to accept a recommendation made under this section and genetic tests have not yet been taken, the court shall require the appropriate parties to submit to genetic tests. After the genetic tests have been taken the court shall make an appropriate final recommendation.

SB107, s. 115 Section 115. 767.46 (5) of the statutes is amended to read:

SB107,36,15 767.46 (5) If the any guardian ad litem appointed under s. 48.235 or 767.475 (1) or any party refuses to accept any final recommendation, the action shall be set for trial.

SB107, s. 116 Section 116. 767.463 of the statutes is repealed.

SB107, s. 117 Section 117. 767.465 (2m) (a) of the statutes is amended to read:

SB107,36,24 767.465 (2m) (a) At any time after service of the summons and petition, a respondent who is the alleged father may, with or without appearance in court and subject to the approval of the court, in writing acknowledge that he has read and understands the notice under s. 767.455 (5g) and stipulate that he is the father 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. 767.25 or 767.51.

SB107, s. 118 Section 118. 767.475 (1) (a) of the statutes is renumbered 767.475 (1) and amended to read:

SB107,37,6 767.475 (1) Except as provided in par. (b), the court may appoint a guardian ad litem for the child and The court shall appoint a guardian ad litem for a minor parent or minor who is alleged to be a parent in a paternity proceeding unless the minor parent or the minor alleged to be the parent is represented by an attorney.

SB107, s. 119 Section 119. 767.475 (1) (b) of the statutes is repealed.

SB107, s. 120 Section 120. 767.51 (3) of the statutes is amended to read:

SB107,37,24 767.51 (3) A judgment or order determining paternity may contain any other provision directed against the appropriate party parties to the proceeding, concerning the duty of support, the legal custody and guardianship of the child, periods of physical placement, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. Unless the court orders otherwise, if there is no presumption of paternity under s. 891.41 (1) the mother shall have sole legal custody of the child. The court shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. The judgment or order may direct the father to pay or contribute make an equal contribution to the reasonable expenses of the mother's pregnancy and confinement during pregnancy and may shall direct either party both parties to pay or contribute to the costs of genetic tests, attorney fees and other costs. Contributions to the costs of genetic tests shall be paid to the county which paid for the genetic tests.

SB107, s. 121 Section 121. 767.51 (4) of the statutes is amended to read:

SB107,38,7 767.51 (4) Support judgments or orders ordinarily shall be for periodic payments which may vary in amount if appropriate. The payment amount may be expressed as a percentage of the parent's income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of the parent's income or a fixed sum. The father's liability for past support of the child shall be limited to support for the period after the birth of the child paternity has been adjudicated.

SB107, s. 122 Section 122. 767.51 (5) (e) of the statutes is amended to read:

SB107,38,10 767.51 (5) (e) The need and capacity of the child for education, including higher education.

SB107, s. 123 Section 123. 767.51 (5) (i), (im) and (j) of the statutes are repealed.

SB107, s. 124 Section 124. 767.51 (6) of the statutes is amended to read:

SB107,38,15 767.51 (6) Sections 767.24, 767.245, 767.263, 767.265, 767.267, 767.29, 767.293, 767.30, 767.305, 767.31, 767.32 and, 767.325, 767.327 and 767.329, where applicable, shall apply to a judgment or order under this section.

SB107, s. 125 Section 125. 767.52 (1) of the statutes is amended to read:

SB107,38,24 767.52 (1) At the pretrial hearing, at the trial and in any further proceedings in any paternity action, any party may be represented by counsel. If the respondent is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.45 (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c) (2) (a), counsel shall be appointed for the respondent as provided in ch. 977, and subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

SB107, s. 126 Section 126. 767.53 (3) of the statutes is created to read:

SB107,39,2 767.53 (3) The records of any past proceeding in which paternity was established are open to public inspection under ss. 19.31 to 19.39.

SB107, s. 127 Section 127. 767.62 (3) (b) of the statutes is amended to read:

SB107,39,7 767.62 (3) (b) Except as provided in s. 767.045, in In an action specified in par. (a), the court or family court commissioner may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a party who is a minor, unless the minor party is represented by an attorney.

SB107, s. 128 Section 128. 767.62 (4) (a) of the statutes is amended to read:

SB107,39,24 767.62 (4) (a) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family court commissioner may make an order that contains any provision directed against the appropriate party parties to the proceeding concerning the duty of support, the legal custody or guardianship of the child, periods of physical placement, the furnishing of bond or other security for the payment of amounts under the order or any other matter in the best interest of the child. Unless the court orders otherwise, if there is no presumption of paternity under s. 891.41 (1) the mother shall have sole legal custody of the child. The court or family court commissioner shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. The order may direct the father to pay or contribute make an equal contribution to the reasonable expenses of the mother's pregnancy and confinement during pregnancy and may shall direct either party both parties to pay or contribute to the costs of attorney fees or other costs.

SB107, s. 129 Section 129. 767.62 (4) (d) 3. of the statutes is amended to read:

SB107,40,8 767.62 (4) (d) 3. Support orders under par. (a) ordinarily shall be for periodic payments which may vary in amount if appropriate. The payment amount may be expressed as a percentage of the parent's income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of the parent's income or a fixed sum. The father's liability for past support of the child shall be limited to support for the period after the birth of the child date on which the statement acknowledging paternity was filed with the state registrar under s. 69.15 (3) (b) 3.

SB107, s. 130 Section 130. 767.62 (4) (e) 6. of the statutes is amended to read:

SB107,40,11 767.62 (4) (e) 6. The need and capacity of the child for education, including higher education.

SB107, s. 131 Section 131. 767.62 (4) (e) 12., 13. and 14. of the statutes are repealed.

SB107, s. 132 Section 132. 769.302 of the statutes is amended to read:

SB107,40,22 769.302 Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Notwithstanding s. 767.045 (1) or 803.01 (3), the court may appoint a guardian ad litem for the minor's child, but the court need not appoint a guardian ad litem for a minor parent who maintains such a proceeding unless the proceeding is one for the determination of parentage, in which case the court or a family court commissioner shall appoint a guardian ad litem for a minor parent within this state who maintains such a proceeding or for a minor within this state who is alleged to be a parent, as provided in s. 767.475 (1).

SB107, s. 133 Section 133. 802.12 (3) (b) of the statutes is amended to read:

SB107,41,3 802.12 (3) (b) If a guardian ad litem has been appointed under s. 48.235, he or she shall be a party to any settlement alternative regarding custody, physical placement, visitation rights, support or other interests of the ward.

SB107, s. 134 Section 134. 803.01 (3) (b) 1. of the statutes is amended to read:

SB107,41,11 803.01 (3) (b) 1. The guardian ad litem shall be appointed by a circuit court of the county where the action is to be commenced or is pending, except that the a guardian ad litem appointed under s. 767.475 (1) shall be appointed by a family court commissioner of the county in those actions to establish paternity that are before the family court commissioner and a guardian ad litem appointed under s. 767.62 (3) (b) shall be appointed by a family court commissioner of the county in those actions specified in s. 767.62 (3) (a) that are before the family court commissioner.

SB107, s. 135 Section 135. 803.01 (3) (b) 2. of the statutes is amended to read:

SB107,41,20 803.01 (3) (b) 2. When the plaintiff is a minor 14 years of age or over, upon the plaintiff's application or upon the state's application under s. 767.045 (1) (c) (2) (a); or if the plaintiff is under that age or is mentally incompetent, upon application of the plaintiff's guardian or of a relative or friend or upon application of the state under s. 767.045 (1) (c) (2) (a). If the application is made by a relative, friend or the state, notice thereof must first be given to the guardian if the plaintiff has one in this state; if the plaintiff has none, then to the person with whom the minor or mentally incompetent resides or who has the minor or mentally incompetent in custody.

SB107, s. 136 Section 136. 814.61 (1) (c) 1. of the statutes is amended to read:

SB107,41,24 814.61 (1) (c) 1. An action to determine paternity brought by the state or its delegate under s. 767.45 (1) (g) or (h) or commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c) (2) (a).

SB107, s. 137 Section 137. 814.61 (7) (c) of the statutes is amended to read:

SB107,42,6 814.61 (7) (c) Paragraphs (a) and (b) do not apply to a petition or motion filed by the state or its delegate in connection with an action to determine paternity under s. 767.45 (1) (g), to a petition or motion filed by an attorney appointed under s. 767.045 (1) (c) (2) (a) in connection with an action to determine paternity when the circumstances specified in s. 767.045 (1) (c) (2) (a) 1. or 2. apply or to a petition or motion filed in an action under ch. 769.

SB107, s. 138 Section 138. 891.39 (1) (a) of the statutes is renumbered 891.39 (1) and amended to read:

SB107,42,21 891.39 (1) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. The Except as provided in s. 767.045, the court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man other than the husband is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB107, s. 139 Section 139. 891.39 (1) (b) of the statutes is repealed.

SB107, s. 140 Section 140. 977.05 (4) (i) 7. of the statutes is amended to read:

SB107,43,2 977.05 (4) (i) 7. Cases involving paternity determinations, as specified under s. 767.52, in which the state is the petitioner under s. 767.45 (1) (g) or in which the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c) (2) (a).

SB107, s. 141 Section 141. 977.05 (6) (b) 1. of the statutes is amended to read:

SB107,43,5 977.05 (6) (b) 1. The action is not brought by the state, its delegate under s. 59.53 (6) (a) or an attorney appointed under s. 767.045 (1) (c) (2) (a).

SB107, s. 142 Section 142. Initial applicability.

SB107,43,9 (1) This act first applies to actions affecting the family, including an action to enforce or modify a judgment or order in an action affecting the family previously granted, that are commenced on the effective date of this subsection.

SB107,43,10 (End)