SB107,34,15 9(7) Notwithstanding sub. (1), if a parent specified in sub. (1) has established
10his or her legal residence outside the state or at a location within the state that is at
11a distance of 150 miles or more from the child's current school district, the court may
12allow the parent whose legal residence is in the child's current school district to
13establish a legal residence for the child outside the child's current school district if
14the move does not increase the distance between the child and the other parent and
15the other parent does not wish to move back to the child's current school district.
SB107,34,18 16(8) Unless the parents agree otherwise, a parent with legal custody and
17physical placement rights shall notify and obtain the written approval of the other
18parent before removing the child from the state for a period of 14 days or more.
SB107, s. 104 19Section 104. 767.33 (1m) (a) of the statutes is renumbered 767.33 (1m) and
20amended to read:
SB107,34,2421 767.33 (1m) Except as provided in par. (b), this This section applies only to an
22order under s. 767.23 or 767.25 in which payment is expressed as a fixed sum. It does
23not apply to such an order in which payment is expressed as a percentage of parental
24income.
SB107, s. 105 25Section 105. 767.33 (1m) (b) of the statutes is repealed.
SB107, s. 106
1Section 106. 767.45 (1) (d) of the statutes is amended to read:
SB107,35,52 767.45 (1) (d) A man alleged or alleging himself to be the father of the child,
3including a man against whom an action was dismissed under s. 767.458 (1m), 1997
4stats., or 767.463, 1997 stats., before the effective date of this paragraph .... [revisor
5inserts date]
.
SB107, s. 107 6Section 107. 767.45 (1) (i) of the statutes is amended to read:
SB107,35,87 767.45 (1) (i) A guardian ad litem appointed for the child under s. 48.235,
8767.045 (1) (c) (2) (a) or 938.235.
SB107, s. 108 9Section 108. 767.45 (2) of the statutes is repealed.
SB107, s. 109 10Section 109. 767.458 (1) (b) of the statutes is amended to read:
SB107,35,1611 767.458 (1) (b) If the respondent is unable to afford counsel due to indigency,
12and the petitioner is represented by a government attorney under s. 767.45 (1) (g) or
13(6) or the action is commenced on behalf of the child by an attorney appointed under
14s. 767.045 (1) (c) (2) (a), counsel shall be appointed for the respondent as provided in
15s. 767.52 and ch. 977, unless the respondent knowingly and voluntarily waives the
16appointment of counsel;
SB107, s. 110 17Section 110. 767.458 (1) (c) of the statutes is amended to read:
SB107,35,2118 767.458 (1) (c) Except as provided under sub. (1m) and s. 767.463, the The
19respondent may request the administration of genetic tests which either
20demonstrate that he is not the father of the child or which demonstrate the
21probability that he is or is not the father of the child;
SB107, s. 111 22Section 111. 767.458 (1) (d) of the statutes is amended to read:
SB107,35,2423 767.458 (1) (d) Except as provided in subs. (1m) and (2) and s. 767.463, the The
24court will order genetic tests upon the request of any party; and
SB107, s. 112 25Section 112. 767.458 (1m) of the statutes is repealed.
SB107, s. 113
1Section 113. 767.46 (2) (c) of the statutes is amended to read:
SB107,36,52 767.46 (2) (c) If the alleged father voluntarily acknowledges paternity of the
3child, that he agree to the duty of support, the legal custody of the child, periods of
4physical placement of the child and other matters as determined to be in the best
5interests of the child
by the court.
SB107, s. 114 6Section 114. 767.46 (4) of the statutes is amended to read:
SB107,36,117 767.46 (4) If a party or the any guardian ad litem appointed under s. 48.235
8or 767.475 (1)
refuses to accept a recommendation made under this section and
9genetic tests have not yet been taken, the court shall require the appropriate parties
10to submit to genetic tests. After the genetic tests have been taken the court shall
11make an appropriate final recommendation.
SB107, s. 115 12Section 115. 767.46 (5) of the statutes is amended to read:
SB107,36,1513 767.46 (5) If the any guardian ad litem appointed under s. 48.235 or 767.475
14(1)
or any party refuses to accept any final recommendation, the action shall be set
15for trial.
SB107, s. 116 16Section 116. 767.463 of the statutes is repealed.
SB107, s. 117 17Section 117. 767.465 (2m) (a) of the statutes is amended to read:
SB107,36,2418 767.465 (2m) (a) At any time after service of the summons and petition, a
19respondent who is the alleged father may, with or without appearance in court and
20subject to the approval of the court
, in writing acknowledge that he has read and
21understands the notice under s. 767.455 (5g) and stipulate that he is the father of the
22child and for child support payments, legal custody and physical placement. The
23court may not approve a stipulation for child support unless it provides for payment
24of child support determined in a manner consistent with s. 767.25 or 767.51.
SB107, s. 118
1Section 118. 767.475 (1) (a) of the statutes is renumbered 767.475 (1) and
2amended to read:
SB107,37,63 767.475 (1) Except as provided in par. (b), the court may appoint a guardian
4ad litem for the child and
The court shall appoint a guardian ad litem for a minor
5parent or minor who is alleged to be a parent in a paternity proceeding unless the
6minor parent or the minor alleged to be the parent is represented by an attorney.
SB107, s. 119 7Section 119. 767.475 (1) (b) of the statutes is repealed.
SB107, s. 120 8Section 120. 767.51 (3) of the statutes is amended to read:
SB107,37,249 767.51 (3) A judgment or order determining paternity may contain any other
10provision directed against the appropriate party parties to the proceeding,
11concerning the duty of support, the legal custody and guardianship of the child,
12periods of physical placement, the furnishing of bond or other security for the
13payment of the judgment, or any other matter in the best interest of the child. Unless
14the court orders otherwise, if there is no presumption of paternity under s. 891.41
15(1) the mother shall have sole legal custody of the child
. The court shall order either
16party or both to pay for the support of any child of the parties who is less than 18 years
17old, or any child of the parties who is less than 19 years old if the child is pursuing
18an accredited course of instruction leading to the acquisition of a high school diploma
19or its equivalent. The judgment or order may direct the father to pay or contribute
20make an equal contribution to the reasonable expenses of the mother's pregnancy
21and confinement during pregnancy and may shall direct either party both parties to
22pay or contribute to the costs of genetic tests, attorney fees and other costs.
23Contributions to the costs of genetic tests shall be paid to the county which paid for
24the genetic tests.
SB107, s. 121 25Section 121. 767.51 (4) of the statutes is amended to read:
SB107,38,7
1767.51 (4) Support judgments or orders ordinarily shall be for periodic
2payments which may vary in amount if appropriate. The payment amount may be
3expressed as a percentage of the parent's income or as a fixed sum, or as a
4combination of both in the alternative by requiring payment of the greater or lesser
5of either a percentage of the parent's income or a fixed sum. The father's liability for
6past support of the child shall be limited to support for the period after the birth of
7the child
paternity has been adjudicated.
SB107, s. 122 8Section 122. 767.51 (5) (e) of the statutes is amended to read:
SB107,38,109 767.51 (5) (e) The need and capacity of the child for education, including higher
10education
.
SB107, s. 123 11Section 123. 767.51 (5) (i), (im) and (j) of the statutes are repealed.
SB107, s. 124 12Section 124. 767.51 (6) of the statutes is amended to read:
SB107,38,1513 767.51 (6) Sections 767.24, 767.245, 767.263, 767.265, 767.267, 767.29,
14767.293, 767.30, 767.305, 767.31, 767.32 and, 767.325, 767.327 and 767.329, where
15applicable, shall apply to a judgment or order under this section.
SB107, s. 125 16Section 125. 767.52 (1) of the statutes is amended to read:
SB107,38,2417 767.52 (1) At the pretrial hearing, at the trial and in any further proceedings
18in any paternity action, any party may be represented by counsel. If the respondent
19is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is
20represented by a government attorney as provided in s. 767.45 (6) or the action is
21commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c)
22(2) (a), counsel shall be appointed for the respondent as provided in ch. 977, and
23subject to the limitations under sub. (2m), unless the respondent knowingly and
24voluntarily waives the appointment of counsel.
SB107, s. 126 25Section 126. 767.53 (3) of the statutes is created to read:
SB107,39,2
1767.53 (3) The records of any past proceeding in which paternity was
2established are open to public inspection under ss. 19.31 to 19.39.
SB107, s. 127 3Section 127. 767.62 (3) (b) of the statutes is amended to read:
SB107,39,74 767.62 (3) (b) Except as provided in s. 767.045, in In an action specified in par.
5(a), the court or family court commissioner may appoint a guardian ad litem for the
6child and
shall appoint a guardian ad litem for a party who is a minor, unless the
7minor party is represented by an attorney.
SB107, s. 128 8Section 128. 767.62 (4) (a) of the statutes is amended to read:
SB107,39,249 767.62 (4) (a) In an action under sub. (3) (a), if the persons who signed and filed
10the statement acknowledging paternity as parents of the child had notice of the
11hearing, the court or family court commissioner may make an order that contains
12any provision directed against the appropriate party parties to the proceeding
13concerning the duty of support, the legal custody or guardianship of the child, periods
14of physical placement, the furnishing of bond or other security for the payment of
15amounts under the order or any other matter in the best interest of the child. Unless
16the court orders otherwise, if there is no presumption of paternity under s. 891.41
17(1) the mother shall have sole legal custody of the child
. The court or family court
18commissioner shall order either party or both to pay for the support of any child of
19the parties who is less than 18 years old, or any child of the parties who is less than
2019 years old if the child is pursuing an accredited course of instruction leading to the
21acquisition of a high school diploma or its equivalent. The order may direct the father
22to pay or contribute make an equal contribution to the reasonable expenses of the
23mother's pregnancy and confinement during pregnancy and may shall direct either
24party
both parties to pay or contribute to the costs of attorney fees or other costs.
SB107, s. 129 25Section 129. 767.62 (4) (d) 3. of the statutes is amended to read:
SB107,40,8
1767.62 (4) (d) 3. Support orders under par. (a) ordinarily shall be for periodic
2payments which may vary in amount if appropriate. The payment amount may be
3expressed as a percentage of the parent's income or as a fixed sum, or as a
4combination of both in the alternative by requiring payment of the greater or lesser
5of either a percentage of the parent's income or a fixed sum. The father's liability for
6past support of the child shall be limited to support for the period after the birth of
7the child
date on which the statement acknowledging paternity was filed with the
8state registrar under s. 69.15 (3) (b) 3
.
SB107, s. 130 9Section 130. 767.62 (4) (e) 6. of the statutes is amended to read:
SB107,40,1110 767.62 (4) (e) 6. The need and capacity of the child for education, including
11higher education
.
SB107, s. 131 12Section 131. 767.62 (4) (e) 12., 13. and 14. of the statutes are repealed.
SB107, s. 132 13Section 132. 769.302 of the statutes is amended to read:
SB107,40,22 14769.302 Action by minor parent. A minor parent, or a guardian or other
15legal representative of a minor parent, may maintain a proceeding on behalf of or for
16the benefit of the minor's child. Notwithstanding s. 767.045 (1) or 803.01 (3), the
17court may appoint a guardian ad litem for the minor's child, but
the court need not
18appoint a guardian ad litem for a minor parent who maintains such a proceeding
19unless the proceeding is one for the determination of parentage, in which case the
20court or a family court commissioner shall appoint a guardian ad litem for a minor
21parent within this state who maintains such a proceeding or for a minor within this
22state who is alleged to be a parent, as provided in s. 767.475 (1).
SB107, s. 133 23Section 133. 802.12 (3) (b) of the statutes is amended to read:
SB107,41,3
1802.12 (3) (b) If a guardian ad litem has been appointed under s. 48.235, he or
2she shall be a party to any settlement alternative regarding custody, physical
3placement, visitation rights, support or other interests of the ward.
SB107, s. 134 4Section 134. 803.01 (3) (b) 1. of the statutes is amended to read:
SB107,41,115 803.01 (3) (b) 1. The guardian ad litem shall be appointed by a circuit court of
6the county where the action is to be commenced or is pending, except that the a
7guardian ad litem appointed under s. 767.475 (1) shall be appointed by a family court
8commissioner of the county in those actions to establish paternity that are before the
9family court commissioner and a guardian ad litem appointed under s. 767.62 (3) (b)
10shall be appointed by a family court commissioner of the county in those actions
11specified in s. 767.62 (3) (a) that are before the family court commissioner
.
SB107, s. 135 12Section 135. 803.01 (3) (b) 2. of the statutes is amended to read:
SB107,41,2013 803.01 (3) (b) 2. When the plaintiff is a minor 14 years of age or over, upon the
14plaintiff's application or upon the state's application under s. 767.045 (1) (c) (2) (a);
15or if the plaintiff is under that age or is mentally incompetent, upon application of
16the plaintiff's guardian or of a relative or friend or upon application of the state under
17s. 767.045 (1) (c) (2) (a). If the application is made by a relative, friend or the state,
18notice thereof must first be given to the guardian if the plaintiff has one in this state;
19if the plaintiff has none, then to the person with whom the minor or mentally
20incompetent resides or who has the minor or mentally incompetent in custody.
SB107, s. 136 21Section 136. 814.61 (1) (c) 1. of the statutes is amended to read:
SB107,41,2422 814.61 (1) (c) 1. An action to determine paternity brought by the state or its
23delegate under s. 767.45 (1) (g) or (h) or commenced on behalf of the child by an
24attorney appointed under s. 767.045 (1) (c) (2) (a).
SB107, s. 137 25Section 137. 814.61 (7) (c) of the statutes is amended to read:
SB107,42,6
1814.61 (7) (c) Paragraphs (a) and (b) do not apply to a petition or motion filed
2by the state or its delegate in connection with an action to determine paternity under
3s. 767.45 (1) (g), to a petition or motion filed by an attorney appointed under s.
4767.045 (1) (c) (2) (a) in connection with an action to determine paternity when the
5circumstances specified in s. 767.045 (1) (c) (2) (a) 1. or 2. apply or to a petition or
6motion filed in an action under ch. 769.
SB107, s. 138 7Section 138. 891.39 (1) (a) of the statutes is renumbered 891.39 (1) and
8amended to read:
SB107,42,219 891.39 (1) Whenever it is established in an action or proceeding that a child was
10born to a woman while she was the lawful wife of a specified man, any party asserting
11in such action or proceeding that the husband was not the father of the child shall
12have the burden of proving that assertion by a clear and satisfactory preponderance
13of the evidence. In all such actions or proceedings the husband and the wife are
14competent to testify as witnesses to the facts. The Except as provided in s. 767.045,
15the
court or judge in such cases shall appoint a guardian ad litem to appear for and
16represent the child whose paternity is questioned. Results of a genetic test, as
17defined in s. 767.001 (1m), showing that a man other than the husband is not
18excluded as the father of the child and that the statistical probability of the man's
19parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the
20evidence of the assertion under this paragraph, even if the husband is unavailable
21to submit to genetic tests, as defined in s. 767.001 (1m).
SB107, s. 139 22Section 139. 891.39 (1) (b) of the statutes is repealed.
SB107, s. 140 23Section 140. 977.05 (4) (i) 7. of the statutes is amended to read:
SB107,43,224 977.05 (4) (i) 7. Cases involving paternity determinations, as specified under
25s. 767.52, in which the state is the petitioner under s. 767.45 (1) (g) or in which the

1action is commenced on behalf of the child by an attorney appointed under s. 767.045
2(1) (c)
(2) (a).
SB107, s. 141 3Section 141. 977.05 (6) (b) 1. of the statutes is amended to read:
SB107,43,54 977.05 (6) (b) 1. The action is not brought by the state, its delegate under s.
559.53 (6) (a) or an attorney appointed under s. 767.045 (1) (c) (2) (a).
SB107, s. 142 6Section 142. Initial applicability.
SB107,43,97 (1) This act first applies to actions affecting the family, including an action to
8enforce or modify a judgment or order in an action affecting the family previously
9granted, that are commenced on the effective date of this subsection.
SB107,43,1010 (End)
Loading...
Loading...