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767.80
(2) (title)
Certain agreements not A bar to action.
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9(3) (title)
Stay if action before birth.
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10(4) (title)
Child as party.
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11(5) (title)
Petition.
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12(6) (title)
Which attorney represents state.
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13(6r) (title)
Responsibilities of attorney upon referral.
SB123, s. 242
14Section
242. 767.805 (1m) of the statutes is created to read:
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767.805
(1m) Minor parent may not sign. A minor may not sign a statement
16acknowledging paternity.
Note: Prohibits minor parents from signing voluntary paternity
acknowledgments. Based on a recommendation of the paternity reform committee. The
reform committee noted: (1) minors need the protection of a guardian ad litem to explain
their rights and responsibilities; and (2) the parents of the minor do not necessarily have
the same interests as the minor and therefore may not be able to provide such protection.
SB123, s. 243
17Section
243
. 767.813 (5) (b) and (c) of the statutes are created to read:
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767.813
(5) (b)
Alleged father as petitioner.
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STATE OF WISCONSIN,
CIRCUIT COURT: ....COUNTY
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In re the Paternity of A. B.
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C. D. (Alleged Father-Petitioner)
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1City, State Zip Code
File No. ...
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2 , Petitioner
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3 vs.
S U M M O N S
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Address
.... (Case Classification Type):.... (Code No.)
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City, State Zip Code
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7 , Respondent
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THE STATE OF WISCONSIN, To the Respondent:
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1. You have been sued. The petitioner .... claims that he may be the father of
11the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer
12this claim of paternity. Your court appearance is:
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Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Time: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Room: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Judge or Circuit Court Commissioner: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2. If you do not appear, the court will enter a default judgment finding the
19petitioner .... to be the father. If you plan to be represented by an attorney, you should
20contact the attorney prior to the court appearance listed above.
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3. The .... County Clerk of Circuit Court is an equal opportunity service
22provider. If you need assistance to access services in the court or need material in
23an alternate format, please call .... .
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Dated: ...., .... (year)
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Signed:.... ....
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1G. H., Clerk of Circuit Court
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Petitioner's Attorney
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State Bar No.: ....
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Address: ....
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City, State Zip Code: ....
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Phone No.: ....
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(c)
Nonparent as petitioner.
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STATE OF WISCONSIN,
CIRCUIT COURT: ....COUNTY
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In re the Paternity of A. B.
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C. D. (Nonparent-Petitioner)
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City, State Zip Code
File No. ...
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15 , Petitioner
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16 vs.
S U M M O N S
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Address
.... (Case Classification Type):.... (Code No.)
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City, State Zip Code
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20 , Respondent
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THE STATE OF WISCONSIN, To the Respondent
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1. You have been sued. The petitioner .... claims that .... is the mother and ....
24may be the father of the child, .... born on .... (date), in .... (city) (county) (state). You
25must appear to answer this claim of paternity. Your court appearance is:
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Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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1Time: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Room: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Judge or Circuit Court Commissioner: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2. If you do not appear, the court may enter a default judgment finding .... to
6be the father. If you plan to be represented by an attorney, you should contact the
7attorney prior to the court appearance listed above. If you are alleged to be the father
8and you are unable to afford an attorney, the court will appoint one for you only upon
9genetic tests showing that you are not excluded as the father and the probability of
10your being the father is less than 99.0 percent.
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3. The .... County Clerk of Circuit Court is an equal opportunity service
12provider. If you need assistance to access services in the court or need material in
13an alternate format, please call .... .
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Dated: ...., .... (year)
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Signed:.... ....
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G. H., Clerk of Circuit Court
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Petitioner's Attorney
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State Bar No.: ....
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Address: ....
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City, State Zip Code: ....
SB123,132,2222
Phone No.: ....
Note: Creates statutory summons forms for father and nonparent petitioners in
paternity actions. These forms are in addition to the current "mother as petitioner" form
in s. 767.455 (5), stats. [renumbered s. 767.813 (5) in this bill].
SB123, s. 244
23Section
244
. 767.813 (5g) of the statutes is created to read:
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1767.813
(5g) Notice. The notice to parties shall be attached to the summons.
2The notice shall be in boldface type and in substantially the following form:
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NOTICE TO PARTIES
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1. You are a party to a petition for paternity. A judgment of paternity legally
5designates the child in the case to be a child of the man found to be the father. It
6creates a legally recognized parent-child relationship between the man and the
7child. It creates the right of inheritance for the child, and obligates the man to
8support the child until the child reaches the age of 18, or the age of 19 if the child is
9enrolled full-time in high school or its equivalent. The failure by either parent to pay
10court-ordered support is punishable by imprisonment as a contempt of court or as
11a criminal violation.
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2. A party to a paternity case has the right to be represented by an attorney.
13If you are unable to afford an attorney and you are a man who is named as the
14possible father of a child in a paternity case, the court will appoint an attorney for
15you only if the results of one or more genetic tests show that you are not excluded as
16the father and that the statistical probability of your being the father is less than 99.0
17percent. In order to determine whether you are entitled to have an attorney
18appointed for you, you may call the following telephone number .... .
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3. The petitioner in this case has the burden of proving by a clear and
20satisfactory preponderance of the evidence whether the man named as the possible
21father is the father. However, if genetic tests show that the man named is not
22excluded as the father, and show that the statistical probability that the man is the
23father is 99.0 percent or higher, that man is rebuttably presumed to be the father.
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4. You may request genetic tests which will indicate the probability that the
25man named as the possible father is or is not the father of the child. The court will
1order genetic tests on a request by you, the state, or any other party. Any person who
2refuses to take court-ordered genetic tests may be punished for contempt of court.
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5. The following defenses are available in a paternity case:
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(a) The man named as a possible father of the child may claim that he was
5sterile or impotent at the time of conception.
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(b) The mother may claim that she, or the man named as a possible father may
7claim that he, did not have sexual intercourse with the other party during the
8conceptive period (generally the period 8 to 10 months before the birth of the child).
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(c) The mother or the man named as a possible father may claim that another
10man had sexual intercourse with the mother during the conceptive period.
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6. You have the right to request a jury trial on the issue of whether the named
12man is the father.
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7. If you fail to appear at any stage of the proceeding, including a scheduled
14court-ordered genetic test, the court may enter a default judgment finding the man
15claimed to be the father as the father.
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8. You must keep the clerk of court and child support agency informed of your
17current address at all times.
