AB1000,114,88 Time:    
AB1000,114,99 Room:    
AB1000,114,1010 Judge or Circuit Court Commissioner:    
AB1000,114,1111 Address:    
AB1000,114,1812 2. If you do not appear, the court may enter a default judgment finding .... to
13be the father a parent. If you plan to be represented by an attorney, you should
14contact the attorney prior to the court appearance listed above. If you are alleged to
15be the father a parent and you are unable to afford an attorney, the court will appoint
16one for you only upon genetic tests showing that you are not excluded as the father
17a parent and the probability of your being the father a parent is less than 99.0
18percent.
AB1000,114,2119 3. The .... County Clerk of Circuit Court is an equal opportunity service
20provider. If you need assistance to access services in the court or need material in
21an alternate format, please call .... .
AB1000,114,2222 Dated: ...., .... (year)
AB1000,114,2323 Signed:.... ....
AB1000,114,2424 G. H., Clerk of Circuit Court
AB1000,115,1
1Petitioner's Attorney
AB1000,115,22 State Bar No.: ....
AB1000,115,33 Address: ....
AB1000,115,44 City, State Zip Code: ....
AB1000,115,55 Phone No.: ....
AB1000,261 6Section 261. 767.813 (5g) of the statutes is amended to read:
AB1000,115,87 767.813 (5g) Notice. The notice to parties shall be attached to the summons.
8The notice shall be in boldface type and in substantially the following form:
AB1000,115,99 NOTICE TO PARTIES
AB1000,115,1710 1. You are a party to a petition for paternity parentage. A judgment of paternity
11parentage legally designates the child in the case to be a child of the man person
12found to be the father parent. It creates a legally recognized parent-child
13relationship between the man person and the child. It creates the right of
14inheritance for the child, and obligates the man person to support the child until the
15child reaches the age of 18, or the age of 19 if the child is enrolled full-time in high
16school or its equivalent. The failure by either parent to pay court-ordered support
17is punishable by imprisonment as a contempt of court or as a criminal violation.
AB1000,115,2518 2. A party to a paternity parentage case has the right to be represented by an
19attorney. If you are unable to afford an attorney and you are a man person who is
20named as the possible father alleged parent of a child in a paternity parentage case,
21the court will appoint an attorney for you only if the results of one or more genetic
22tests show that you are not excluded as the father parent and that the statistical
23probability of your being the father parent is less than 99.0 percent. In order to
24determine whether you are entitled to have an attorney appointed for you, you may
25call the following telephone number .... .
AB1000,116,6
13. The petitioner in this case has the burden of proving by a clear and
2satisfactory preponderance of the evidence whether the man person named as the
3possible father alleged parent is the father parent. However, if genetic tests show
4that the man person named is not excluded as the father parent, and show that the
5statistical probability that the man person is the father parent is 99.0 percent or
6higher, that man person is rebuttably presumed to be the father parent.
AB1000,116,117 4. You may request genetic tests which will indicate the probability that the
8man person named as the possible father alleged parent is or is not the father parent
9of the child. The court will order genetic tests on a request by you, the state, or any
10other party. Any person who refuses to take court-ordered genetic tests may be
11punished for contempt of court.
AB1000,116,1212 5. The following defenses are available in a paternity parentage case:
AB1000,116,1413 (a) The man person named as a possible father an alleged parent of the child
14may claim that he the person was sterile or impotent at the time of conception.
AB1000,116,1815 (b) The mother may claim that she, or the man named as a possible father
16parent or the alleged parent may claim that he, the parent and alleged parent did
17not have sexual intercourse with the each other party during the conceptive period
18(generally the period 8 to 10 months before the birth of the child).
AB1000,116,2119 (c) The mother or the man named as a possible father parent or alleged parent
20may claim that another man person had sexual intercourse with the mother parent
21during the conceptive period.
AB1000,116,2322 6. You have the right to request a jury trial on the issue of whether the named
23man alleged parent is the father parent.
AB1000,117,3
17. If you fail to appear at any stage of the proceeding, including a scheduled
2court-ordered genetic test, the court may enter a default judgment finding the man
3claimed to be the father
named alleged parent as the father parent.
AB1000,117,54 8. You must keep the clerk of court and child support agency informed of your
5current address at all times.
AB1000,262 6Section 262. 767.815 (2) (a) and (b) of the statutes are amended to read:
AB1000,117,107 767.815 (2) (a) There are reasonable grounds to believe that before the time for
8service under s. 801.02 (1) or sub. (1) expired the respondent knew that the mother
9was pregnant
about the pregnancy and that the respondent may be the father
10parent.
AB1000,117,1211 (b) Due diligence was exercised in attempting to serve the respondent, before
12he the respondent was actually served.
AB1000,263 13Section 263. 767.82 (2m) and (4) of the statutes are amended to read:
AB1000,117,1814 767.82 (2m) Custody pending court order. If there is no presumption of
15paternity parentage under s. 891.41 (1) or if paternity parentage is conclusively
16determined from genetic test results under s. 767.804 (1) or acknowledged under s.
17767.805 (1), the mother parent who gave birth shall have sole legal custody of the
18child until the court orders otherwise.
AB1000,117,22 19(4) Discovery. Discovery shall be conducted as provided in ch. 804, except that
20no discovery may be obtained later than 30 days before the trial. No discovery may
21solicit information relating to the sexual relations of the mother parent who gave
22birth
occurring at any time other than the probable time of conception.
AB1000,264 23Section 264. 767.83 (1) of the statutes is amended to read:
AB1000,118,624 767.83 (1) Generally. At the pretrial hearing, at the trial, and in any other
25proceedings in any paternity parentage action, any party may be represented by

1counsel. If the male alleged parent respondent is indigent and the state is the
2petitioner under s. 767.80 (1) (g), the petitioner is represented by a government
3attorney as provided in s. 767.80 (6), or the action is commenced on behalf of the child
4by an attorney appointed under s. 767.407 (1) (c), counsel shall be appointed for the
5respondent as provided in ch. 977, subject to the limitations under sub. (2m), unless
6the respondent knowingly and voluntarily waives the appointment of counsel.
AB1000,265 7Section 265. 767.84 (1) (a) (intro.) of the statutes is amended to read:
AB1000,118,108 767.84 (1) (a) (intro.) Except as provided in ss. 767.855 and 767.863, and except
9in actions to which s. 767.893 applies, the court shall require the all of the following
10to submit to genetic tests:
AB1000,118,11 111m. The child, mother, any male .
AB1000,118,14 123m. Any person for whom there is probable cause to believe that he had the
13person's
sexual intercourse with the mother during a possible time of the person who
14gave birth to the child may have resulted in the
child's conception , or any male.
AB1000,118,17 154. Any witness who testifies or will testify about his the witness's sexual
16relations with the mother at a possible time of conception to submit to genetic tests.
17person who gave birth to the child that may have resulted in conception of the child.
AB1000,118,23 18(ac) Probable cause of sexual intercourse during a possible time of that may
19have resulted in
conception of the child for the purposes of par. (a) may be established
20by a sufficient petition or affidavit of the child's mother person who gave birth to the
21child
or an alleged father parent, filed with the court, or after an examination under
22oath of a party or witness, when the court determines that an examination is
23necessary.
AB1000,118,25 24(am) The court is not required to order a genetic test under this paragraph par.
25(a)
with respect to any of the following:
AB1000,266
1Section 266. 767.84 (1) (a) 1. and 2. of the statutes are renumbered 767.84 (1)
2(am) 1. and 2.
AB1000,267 3Section 267. 767.84 (1) (a) 2m. of the statutes is created to read:
AB1000,119,44 767.84 (1) (a) 2m. The person who gave birth to the child.
AB1000,268 5Section 268. 767.84 (1) (a) 3. of the statutes is renumbered 767.84 (1) (am) 3.
6and amended to read:
AB1000,119,127 767.84 (1) (am) 3. a. Except as provided in subd. 3. b., a male respondent who
8fails to appear, if genetic test results with respect to another man person, other than
9the person who gave birth to the child,
show that the other man person is not
10excluded as the father parent and that the statistical probability of the other man's
11person's parentage is 99.0 percent or higher creating a presumption of the other
12man's paternity
person's parentage.
AB1000,119,1413 b. Subdivision 3. a. does not apply if the presumption of the other man's
14paternity person's parentage is rebutted.
AB1000,269 15Section 269. 767.84 (1) (b) (intro.) and 2. of the statutes are amended to read:
AB1000,119,2216 767.84 (1) (b) (intro.) The genetic tests shall be performed by an expert
17qualified as an examiner of genetic markers present on the cells of the specific body
18material to be used for the tests, appointed by the court. A report completed and
19certified by the court-appointed expert stating genetic test results and the statistical
20probability of the alleged father's paternity parent's parentage based upon the
21genetic tests is admissible as evidence without expert testimony and may be entered
22into the record at the trial or pretrial hearing if all of the following apply:
AB1000,120,223 2. At least 10 days before the trial or pretrial hearing, the department or county
24child support agency under s. 59.53 (5) notifies the alleged father parent of the
25results of the genetic tests and that he the alleged parent may object to the test

1results by submitting an objection in writing to the court no later than the day before
2the hearing.
AB1000,270 3Section 270. 767.84 (4) of the statutes is amended to read:
AB1000,120,194 767.84 (4) Tests excluding paternity parentage; refusal to submit to test.
5Genetic test results excluding an alleged father parent as the father parent of the
6child are conclusive evidence of nonpaternity that the alleged parent is not the
7parent of the child
and the court shall dismiss any paternity parentage action with
8respect to that alleged father parent. Genetic test results excluding any male
9witness from possible paternity parentage are conclusive evidence of nonpaternity
10of the male
that the witness is not the parent of the child. Testimony relating to
11sexual intercourse or possible sexual intercourse of the mother with between the
12person who gave birth to the child and
any person excluded as a possible father
13parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party
14to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to
15a genetic test ordered by the court is a contempt of the court for failure to produce
16evidence under s. 767.87 (5). If the action was brought by the child's mother person
17who gave birth to the child
but she that person refuses to submit to a genetic test,
18or refuses
to submit herself or the child to a genetic tests test, the action shall be
19dismissed.
AB1000,271 20Section 271. 767.84 (6) of the statutes is amended to read:
AB1000,121,521 767.84 (6) Calling certain witnesses; notice. Any party calling a male witness
22for the purpose of testifying that he the witness had sexual intercourse with the
23mother at any possible time of person who gave birth to the child that may have
24resulted in
conception of the child shall provide all other parties with the name and
25address of the witness 20 days before the trial or pretrial hearing. If a male witness

1is produced at the hearing for the purpose stated in this subsection but the party
2calling the witness failed to provide the 20-day notice, the court may adjourn the
3proceeding for the purpose of taking a genetic test of the witness prior to hearing the
4testimony of the witness if the court finds that the party calling the witness acted in
5good faith.
AB1000,272 6Section 272. 767.85 (1) of the statutes is amended to read:
AB1000,121,137 767.85 (1) When required. At any time during the pendency of an action to
8establish the paternity parentage of a child, if genetic tests show that the alleged
9father person is not excluded and that the statistical probability of the alleged
10father's person's parentage is 99.0 percent or higher, on the motion of a party, the
11court shall make an appropriate temporary order for the payment of child support
12and may make a temporary order assigning responsibility for and directing the
13manner of payment of the child's health care expenses.
AB1000,273 14Section 273. 767.855 of the statutes is amended to read:
AB1000,122,2 15767.855 Dismissal if adjudication not in child's best interest. Except as
16provided in s. 767.863 (1m), at any time in an action to establish the paternity
17parentage of a child, upon the motion of a party or guardian ad litem or the person
18who gave birth to the child if that person is not a party
, the court or supplemental
19court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court
20commissioner determines that a judicial determination of whether a male is the
21father of the child
parentage is not in the best interest of the child, dismiss the action
22with respect to the male alleged parent, regardless of whether genetic tests have
23been performed or what the results of the tests, if performed, were. Notwithstanding
24ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4),
25if genetic tests have not yet been performed with respect to the male alleged parent,

1the court or supplemental court commissioner is not required to order those genetic
2tests.
AB1000,274 3Section 274. 767.863 (1m) of the statutes is amended to read:
AB1000,122,154 767.863 (1m) Paternity Parentage allegation by male person other than
5husband spouse ; when determination not in best interest of child. In an action to
6establish the paternity parentage of a child who was born to a woman while she was
7married
couple during marriage, if a male person other than the woman's husband
8alleges that he, not the husband, is spouse of the person who gave birth claims to be
9the child's father parent, a party may allege that a judicial determination that a male
10person other than the husband is the father spouse of the person who gave birth is
11the parent
is not in the best interest of the child. If the court or a supplemental court
12commissioner under s. 757.675 (2) (g) determines that a judicial determination of
13whether a male person other than the husband is the father spouse of the person who
14gave birth is the parent
is not in the best interest of the child, no genetic tests may
15be ordered and the action shall be dismissed.
AB1000,275 16Section 275. 767.863 (2) of the statutes is amended to read:
AB1000,123,217 767.863 (2) Order for tests. If at the first appearance it appears from a
18sufficient petition or affidavit of the child's mother person who gave birth to the child
19or an alleged father parent of the child or from sworn testimony of the child's mother
20person who gave birth to the child or an alleged father parent of the child that there
21is probable cause to believe that any of the males persons named has had sexual
22intercourse with the mother person who gave birth to the child during a possible time
23of the child's conception, the court may, or upon the request of any party shall, order
24any of the named persons to submit to genetic tests. The tests shall be conducted in
25accordance with s. 767.84. The court is not required to order a person who has

1undergone a genetic test under s. 49.225 to submit to another genetic test under this
2subsection unless a party requests additional tests under s. 767.84 (2).
AB1000,276 3Section 276. 767.87 (1) (a), (b), (d) and (e) of the statutes are amended to read:
AB1000,123,74 767.87 (1) (a) Evidence of sexual intercourse between the mother parent who
5gave birth
and alleged father parent at any possible time of conception or evidence
6of a relationship between the mother parent who gave birth and alleged father
7parent at any time.
AB1000,123,108 (b) An expert's opinion concerning the statistical probability of the alleged
9father's paternity parent's parentage based upon the duration of the mother's
10pregnancy.
AB1000,123,1211 (d) The statistical probability of the alleged father's paternity parent's
12parentage
based upon the genetic tests.
AB1000,123,1413 (e) Medical, scientific, or genetic evidence relating to the alleged father's
14paternity
parent's parentage of the child based on tests performed by experts.
AB1000,277 15Section 277. 767.87 (1m) (intro.) of the statutes is amended to read:
AB1000,123,2116 767.87 (1m) Birth record required. (intro.) If the child was born in this state,
17the petitioner shall present a certified copy of the child's birth record or a printed copy
18of the record from the birth database of the state registrar to the court, so that the
19court is aware of whether a name has been inserted on the birth record as the father
20parent of the child other than the person who gave birth to the child, at the earliest
21possible of the following:
AB1000,278 22Section 278. 767.87 (2) of the statutes is amended to read:
AB1000,124,223 767.87 (2) Admissibility of sexual relations by mother person who gave birth.
24Testimony relating to sexual relations or possible sexual relations of the mother

1person who gave birth any time other than the possible time of conception of the child
2is inadmissible in evidence, unless offered by the mother person who gave birth.
AB1000,279 3Section 279. 767.87 (3) of the statutes is amended to read:
AB1000,124,104 767.87 (3) Evidence of identified male person not under jurisdiction. Except
5as provided in s. 767.84 (4), in an action against an alleged father parent, evidence
6offered by him the alleged parent with respect to an identified male person who is
7not subject to the jurisdiction of the court concerning that male's person's sexual
8intercourse with the mother person who gave birth at or about the presumptive time
9of conception of the child is admissible in evidence only after the alleged father
10parent has undergone genetic tests and made the results available to the court.
AB1000,280 11Section 280. 767.87 (6) of the statutes is amended to read:
AB1000,124,2312 767.87 (6) When mother parent who gave birth not compelled to testify. (a)
13Whenever the state brings the action to determine paternity parentage pursuant to
14an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or
1549.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the
16natural mother of parent who gave birth to the child may not be compelled to testify
17about the paternity parentage of the child if it has been determined that the mother
18parent who gave birth to the child has good cause for refusing to cooperate in
19establishing paternity parentage as provided in 42 USC 602 (a) (26) (B) and the
20federal regulations promulgated pursuant to this statute, as of July 1, 1981, and
21pursuant to any rules promulgated by the department which that define good cause
22in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B)
23in effect on July 1, 1981.
AB1000,125,324 (b) Nothing in par. (a) prevents the state from bringing an action to determine
25paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b)

12., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157
2or 49.159, where evidence other than the testimony of the mother person who gave
3birth
may establish the paternity parentage of the child.
AB1000,281 4Section 281. 767.87 (9) of the statutes is amended to read:
AB1000,125,85 767.87 (9) Artificial insemination; natural father parent. Where If a child
6is conceived by artificial insemination, the husband spouse of the mother of person
7who gave birth to
the child at the time of the conception of the child is the natural
8father parent of the child, as provided in s. 891.40.
AB1000,282 9Section 282. 767.87 (10) of the statutes is amended to read:
AB1000,125,1310 767.87 (10) Record of mother's testimony admissible. A record of the
11testimony of the child's mother person who gave birth to the child relating to the
12child's paternity parentage, made as provided under s. 48.299 (8) or 938.299 (8), is
13admissible in evidence on the issue of paternity parentage.
AB1000,283 14Section 283. 767.88 (2) (b) and (c) of the statutes are amended to read:
AB1000,125,1615 767.88 (2) (b) That the alleged father parent voluntarily acknowledge
16paternity parentage of the child.
AB1000,125,2017 (c) If the alleged father parent voluntarily acknowledges paternity parentage
18of the child, that he the acknowledged parent agree to the duty of support, the legal
19custody of the child, periods of physical placement of the child and other matters as
20determined to be in the best interests of the child by the court.
AB1000,284 21Section 284. 767.883 (1) of the statutes is amended to read:
AB1000,126,1822 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
23dealing with the determination of paternity parentage and the 2nd part dealing with
24child support, legal custody, periods of physical placement, and related issues. The
25main issue at the first part shall be whether the alleged or presumed father parent

1is or is not the father parent of the mother's child, but if the child was born to the
2mother
while she the person who gave birth was the lawful wife spouse of a specified
3male person, the prior issue of whether the husband was spouse is not the father
4parent of the child shall be determined first, as provided under s. 891.39. The first
5part of the trial shall be by jury only if the defendant verbally requests a jury trial
6either at the initial appearance or pretrial hearing or requests a jury trial in writing
7prior to the pretrial hearing. The court may direct and, if requested by either party
8before the introduction of any testimony in the party's behalf, shall direct the jury
9to find a special verdict as to any of the issues specified in this section, except that
10the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the
11mother person who gave birth is dead, becomes insane, cannot be found within the
12jurisdiction, or fails to commence or pursue the action, the proceeding does not abate
13if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony
14of the mother person who gave birth, taken at the pretrial hearing, may in any such
15case be read in evidence if it is competent, relevant, and material. The issues of child
16support, custody and visitation, and related issues shall be determined by the court
17either immediately after the first part of the trial or at a later hearing before the
18court.
AB1000,285 19Section 285. 767.89 (2) (a) of the statutes is amended to read:
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