767.805 Annotation
A Michigan Affidavit of Parentage was a conclusive determination of paternity in Wisconsin. The affidavit was not voided under sub. (5) (a) by a Wisconsin child support action in which tests found the signer of the affidavit not to be the biological father when there was no showing of fraud, duress, or a mistake of fact in relation to the signing of the affidavit. Sub. (5) (b) does not prevent the child from bringing a paternity action based on having been unrepresented at the original paternity proceeding. Daniel T.W. v. Joni K.W.,
2009 WI App 13,
315 Wis. 2d 181,
762 N.W.2d 444,
08-0902.
767.805 Annotation
A circuit court does not have the power to change the name of a child when paternity has been determined on the basis of voluntary acknowledgment under this section. Scace v. Schulte,
2018 WI App 30,
382 Wis. 2d 180,
913 N.W.2d 189,
16-2413.
767.805 Annotation
Wisconsin's Custody, Placement, and Paternity Reform Legislation. Walther. Wis. Law. Apr. 2000.
767.813(1)(1)
Purpose. The summons shall state the purpose of the action.
767.813(2)
(2)
Signing. The process shall be signed by the clerk of the court or by the petitioner's attorney.
767.813(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.
767.813(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.
767.813(5)
(5)
Forms. The summons shall be in substantially one of the following forms:
STATE OF WISCONSIN, CIRCUIT COURT: ....COUNTY
In re the Paternity of A. B.
STATE OF WISCONSIN
and
C. D. (Mother-Petitioner)
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:
1. 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 Circuit Court Commissioner:
Address:
2. If you do not appear, the court will enter a default judgment finding you to be the father.
3. 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 genetic tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0 percent.
4. You are also notified that interference with the custody of a child is punishable by a fine of up to $10,000 and imprisonment for up to 3 years and 6 months. Section
948.31, stats.
5. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the courts or need material in an alternate format, please call .....
Dated: ...., .... (year)
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
STATE OF WISCONSIN, CIRCUIT COURT: ....COUNTY
In re the Paternity of A. B.
C. D. (Alleged Father-Petitioner)
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:
1. You have been sued. The petitioner .... claims that he may be 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 Circuit Court Commissioner:
Address:
2. If you do not appear, the court will enter a default judgment finding the petitioner .... to be the father. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above.
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 .... .
Dated: ...., .... (year)
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
STATE OF WISCONSIN, CIRCUIT COURT: ....COUNTY
In re the Paternity of A. B.
C. D. (Nonparent-Petitioner)
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
