SB123: Bill Text

SB123,132,13 3. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the court or need material in an alternate format, please call .... .

SB123,132,14 Dated: ...., .... (year)

SB123,132,15 Signed:.... ....

SB123,132,16 G. H., Clerk of Circuit Court

SB123,132,17       or

SB123,132,18 Petitioner's Attorney

SB123,132,19 State Bar No.: ....

SB123,132,20 Address: ....

SB123,132,21 City, State Zip Code: ....

SB123,132,22 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 Section 244 . 767.813 (5g) of the statutes is created to read:

SB123,133,2 767.813 (5g) Notice. The notice to parties shall be attached to the summons. The notice shall be in boldface type and in substantially the following form:

SB123,133,3 NOTICE TO PARTIES

SB123,133,11 1. You are a party to a petition for paternity. A judgment of paternity legally designates the child in the case to be a child of the man found to be the father. It creates a legally recognized parent-child relationship between the man and the child. It creates the right of inheritance for the child, and obligates the man to support the child until the child reaches the age of 18, or the age of 19 if the child is enrolled full-time in high school or its equivalent. The failure by either parent to pay court-ordered support is punishable by imprisonment as a contempt of court or as a criminal violation.

SB123,133,18 2. A party to a paternity case has the right to be represented by an attorney. If you are unable to afford an attorney and you are a man who is named as the possible father of a child in a paternity case, the court will appoint an attorney for you only if the results of one or more genetic tests show that you are not excluded as the father and that the statistical probability of your being the father is less than 99.0 percent. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .

SB123,133,23 3. The petitioner in this case has the burden of proving by a clear and satisfactory preponderance of the evidence whether the man named as the possible father is the father. However, if genetic tests show that the man named is not excluded as the father, and show that the statistical probability that the man is the father is 99.0 percent or higher, that man is rebuttably presumed to be the father.

SB123,134,2 4. You may request genetic tests which will indicate the probability that the man named as the possible father is or is not the father of the child. The court will order genetic tests on a 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.

SB123,134,3 5. The following defenses are available in a paternity case:

SB123,134,5 (a) The man named as a possible father of the child may claim that he was sterile or impotent at the time of conception.

SB123,134,8 (b) The mother may claim that she, or the man named as a possible father may claim that he, did not have sexual intercourse with the other party during the conceptive period (generally the period 8 to 10 months before the birth of the child).

SB123,134,10 (c) The mother or the man named as a possible father may claim that another man had sexual intercourse with the mother during the conceptive period.

SB123,134,12 6. You have the right to request a jury trial on the issue of whether the named man is the father.

SB123,134,15 7. If you fail to appear at any stage of the proceeding, including a scheduled court-ordered genetic test, the court may enter a default judgment finding the man claimed to be the father as the father.

SB123,134,17 8. You must keep the clerk of court and child support agency informed of your current address at all times.

Note: Replaces the current statutory form for "Notice to Respondent" in a paternity action with a general "Notice to Parties" statutory form. In addition to making the notice form a general form for all parties, this Section revises the form to:

1. Replace the current phrase indicating that a judgment of paternity "grants parental rights to that man" with a statement that the judgment "creates a legally recognized parent-child relationship between the man and the child".

2. Revise the phrase "failure to pay child support" in item 1 in the Notice to read "failure by either parent to pay court-ordered support".

3. Clarify that the right to request a jury trial in item 6 in the Notice refers to a jury trial "on the issue of whether the named man is the father".

4. Revise item 7 in the Notice to delete statements relating to the effective date of a default judgment (under the bill, a default judgment takes effect immediately) and waiver of first appearance (waiver of first appearance provisions are repealed in the bill).

5. Specify that the party must keep the child support agency, as well as the clerk of court (current law), informed of current address.

SB123, s. 245 Section 245. 767.814 of the statutes is created to read:

SB123,135,4 767.814 Names on pleadings after paternity determined. After paternity is determined by the court in an action or proceeding under this subchapter, any papers filed in, and any records of, the court relating to the action or proceeding may identify the parties by name instead of by initials.

Note: Permits the use of names rather than initials on pleadings and other court findings and court records once paternity is determined. Based on a recommendation of the paternity reform committee.

SB123, s. 246 Section 246. 767.815 (1) (title) and (2) (title) of the statutes are created to read:

SB123,135,6 767.815 (1) (title) Good cause.

SB123,135,7 (2) (title) Reasonable grounds; due diligence.

SB123, s. 247 Section 247. 767.82 (1) (title), (2) (title), (3) (title), (4) (title), (5) (title), (6) (title), (7) (title) and (8) (title) of the statutes are created to read:

SB123,135,10 767.82 (1) (title) Appointment of guardian ad litem.

SB123,135,11 (2) (title) Presumption.

SB123,135,12 (3) (title) Time of conception; evidence.

SB123,135,13 (4) (title) Discovery.

SB123,135,14 (5) (title) Statute of limitations.

SB123,135,15 (6) (title) Arrest.

SB123,135,16 (7) (title) Appointment of trustee or guardian.

SB123,135,17 (8) (title) Procedures applicable to other matters in action.

SB123, s. 248 Section 248. 767.83 (2) (title) of the statutes is created to read:

SB123,135,19 767.83 (2) (title) Extent of appointed attorney's representation.

SB123, s. 249 Section 249. 767.84 (1) (title) of the statutes is created to read:

SB123,135,21 767.84 (1) (title) When test ordered; report.

SB123, s. 250 Section 250 . 767.84 (1) (a) 2. of the statutes is created to read:

SB123,136,4 767.84 (1) (a) 2. The requirement for tests under subd. 1. does not apply to default judgments under s. 767.893 or voluntary acknowledgements of paternity under s. 767.805 or where the respondent is deceased and genetic material may not be obtained without undue hardship under s. 767.865 (2).

SB123, s. 251 Section 251. 767.84 (1m) (title), (2) (title), (3) (title), (5) (title), (6) (title) and (7) (title) of the statutes are created to read:

SB123,136,7 767.84 (1m) (title) Rebuttable presumption.

SB123,136,8 (2) (title) Independent tests.

SB123,136,9 (3) (title) Number and qualifications of experts.

SB123,136,10 (5) (title) Fees and costs.

SB123,136,11 (6) (title) Calling certain witnesses; notice.

SB123,136,12 (7) (title) Notice of right to tests.

SB123, s. 252 Section 252. 767.85 (1) (title) of the statutes is created to read:

SB123,136,14 767.85 (1) (title) When required.

SB123, s. 253 Section 253. 767.853 (1) (title) and (2) (title) of the statutes are created to read:

SB123,136,16 767.853 (1) (title) Pending proceeding.

SB123,136,17 (2) (title) Information to department.

SB123, s. 254 Section 254. 767.863 (3) (title) of the statutes is created to read:

SB123,136,19 767.863 (3) (title) Orders if statement on file.

SB123, s. 255 Section 255. 767.865 (1) (title) of the statutes is created to read:

SB123,136,21 767.865 (1) (title) Who may appear.

SB123, s. 256 Section 256 . 767.865 (1) (b) of the statutes is created to read:

SB123,137,7 767.865 (1) (b) If the court determines that it is appropriate, the court may appoint a guardian ad litem for the deceased respondent for purposes of par. (a). Section 767.407 (3) and (5) applies to the guardian ad litem. The guardian ad litem shall represent the interests of the deceased respondent. The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order the compensation to be paid from the deceased respondent's estate. If the moneys in the estate are not sufficient to pay all or part of the compensation, the court may direct that the county of venue pay the compensation. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

Note: See the note to Sec. 257 of this bill.

SB123, s. 257 Section 257 . 767.865 (2) of the statutes is created to read:

SB123,137,14 767.865 (2) Genetic tests. If genetic material is available, without undue hardship, from a deceased respondent or a relative of the deceased respondent in an action for paternity, genetic tests shall be administered in accordance with s. 767.84. There is a rebuttable presumption that exhumation of the deceased respondent's body to obtain the genetic material for testing is an undue hardship under this subsection.

Note: Sections 256 and 257 of this bill are based on a recommendation of the paternity reform committee.

1. Section 256 permits the appointment of a guardian ad litem to represent a deceased respondent when there is no personal representative and requires the guardian ad litem to receive service of the summons and petition. The reform committee's recommendation to appoint a guardian ad litem for "a deceased respondent who is the alleged father" is expanded to include any deceased respondent. See, also, Sec. 200 of this bill.

2. Section 257 requires genetic tests if genetic material is available, without undue hardship, from the deceased or his relatives. Exhumation is rebuttably presumed an undue hardship.

SB123, s. 258 Section 258. 767.87 (1) (title), (1m) (title), (2) (title), (2m) (title), (4) (title), (5) (title), (6) (title), (7) (title), (8) (title), (9) (title), (10) (title) and (11) (title) of the statutes are created to read:

SB123,137,18 767.87 (1) (title) Generally.

SB123,137,19 (1m) (title) Birth record required.

SB123,138,1 (2) (title) Admissibility of sexual relations by mother.

SB123,138,2 (2m) (title) Admissibility of certain medical and genetic information.

SB123,138,3 (4) (title) Immunity.

SB123,138,4 (5) (title) Refusal to testify or produce evidence.

SB123,138,5 (6) (title) When mother not compelled to testify.

SB123,138,6 (7) (title) Certain testimony of physician not privileged.

SB123,138,7 (8) (title) Burden of proof.

SB123,138,8 (9) (title) Artificial insemination; natural father.

SB123,138,9 (10) (title) Record of mother's testimony admissible.

SB123,138,10 (11) (title) Related costs admissible.