SB123,101,119 subchapter V
10 child custody, placement,
11 and visitation
SB123, s. 180 12Section 180. 767.401 (1) (title) and (2) (title) of the statutes are created to read:
SB123,101,1413 767.401 (1) (title) Programs: effects of dissolution on children; parenting
14skills.
SB123,101,15 15(2) (title) Classes on parenting.
SB123, s. 181 16Section 181. 767.405 (1) (intro.) of the statutes is created to read:
SB123,101,1717 767.405 (1) Definitions. (intro.) In this section:
SB123, s. 182 18Section 182 . 767.42 of the statutes is repealed.
Note: Repealed as obsolete. The section, which apparently is not currently in use,
allows a county to seize and sell property for the support of a spouse or child if a person
abandons and fails to support the spouse or child.
SB123, s. 183 19Section 183. 767.43 (1) (title), (1m) (title), (2) (title), (2m) (title), (3) (title), (3c)
20(title), (3m) (title), (5) (title) and (6) (title) of the statutes are created to read:
SB123,101,2121 767.43 (1) (title) Petition; who may file.
SB123,102,1
1(1m) (title) Exception; homicide conviction.
SB123,102,2 2(2) (title) Wishes of the child.
SB123,102,3 3(2m) (title) When special grandparent provision applicable.
SB123,102,4 4(3) (title) Special grandparent visitation provision.
SB123,102,5 5(3c) (title) Action in which petition filed; alternatives.
SB123,102,6 6(3m) (title) Pretrial hearing; recommendation.
SB123,102,7 7(5) (title) Interference with visitation rights.
SB123,102,8 8(6) (title) Modification of order if homicide conviction.
SB123, s. 184 9Section 184. 767.45 of the statutes is renumbered 767.80, and 767.80 (1)
10(intro.), (c), (d), (g), (i) and (k), (5) (b), (5m), (6) (a) and (c), (6m), (6r) (a) 2. c. and (7),
11as renumbered, are amended to read:
SB123,102,1512 767.80 (1) Who may bring action or file motion. (intro.) The following persons
13may bring an action or file a motion, including an action or motion for declaratory
14judgment, for the purpose of determining the paternity of a child or for the purpose
15of rebutting the presumption of paternity under s. 891.405 or 891.41 (1):
SB123,102,1716 (c) Unless s. 767.62 767.805 (1) applies, a man male presumed to be the child's
17father under s. 891.405 or 891.41 (1).
SB123,102,1818 (d) A man male alleged or alleging himself to be the father of the child.
SB123,102,2019 (g) This state whenever the circumstances specified in s. 767.075 (1) 767.205
20(2) (a)
apply, including the delegates of the state as specified in sub. (6).
SB123,102,2221 (i) A guardian ad litem appointed for the child under s. 48.235, 767.045 767.407
22(1) (c), or 938.235.
SB123,103,223 (k) In conjunction with the filing of a petition for visitation with respect to the
24child under s. 767.245 767.43 (3), a parent of a person who has filed a declaration of
25paternal interest under s. 48.025 with respect to the child or a parent of a person who,

1before April 1, 1998, signed and filed a statement acknowledging paternity under s.
269.15 (3) (b) 3. with respect to the child.
SB123,103,15 3(5) (b) An action under this section may be joined with any other action for child
4support and shall be is governed by the procedures specified in s. 767.05 767.205
5relating to child support, except that the title of the action shall be "In re the
6paternity of A.B." The petition shall state the name and date of birth of the child if
7born or that the mother is pregnant if the child is unborn, the name of any alleged
8father, whether or not an action by any of the parties to determine the paternity of
9the child or rebut the presumption of paternity to the child has at any time been
10commenced, or is pending before any judge or circuit court commissioner court, in
11this state or elsewhere. If a paternity judgment has been rendered, or if a paternity
12action has been dismissed, the petition shall state the court which that rendered the
13judgment or dismissed the action, and the date and the place the judgment was
14granted if known. The petition shall also give notice of a party's right to request a
15genetic test under s. 49.225 or 767.48 767.84.
SB123,104,8 16(5m) Applicable procedure; exceptions. Except as provided in ss. 767.458 (3),
17767.465 (2) and (2m), 767.477, 767.62 767.805, 767.863 (3), 767.85, 767.893 (2) and
18(2m),
and 769.401, unless a man male is presumed the child's father under s. 891.41
19(1), is adjudicated the child's father either under s. 767.51 767.89 or by final order
20or judgment of a court of competent jurisdiction in another state, or has
21acknowledged himself to be the child's father under s. 767.62 767.805 (1) or a
22substantially similar law of another state, no order or temporary order may be
23entered for child support, legal custody, or physical placement until the man male is
24adjudicated the father using the procedure set forth in ss. 767.45 to 767.60 this
25subchapter, except s. 767.805
. Except as provided in ss. 767.477, 767.62 767.805,

1767.85,
and 769.401, the exclusive procedure for establishment of child support
2obligations, legal custody, or physical placement rights for a man male who is not
3presumed the child's father under s. 891.41 (1), adjudicated the father , or
4acknowledged under s. 767.62 767.805 (1) or a substantially similar law of another
5state to be the father is by an action under ss. 767.45 to 767.60 this subchapter, except
6s. 767.805,
or under s. 769.701. No person may waive the use of this procedure. If
7a presumption under s. 891.41 (1) exists, a party denying paternity has the burden
8of rebutting the presumption.
SB123,104,11 9(6) (a) The attorney responsible for support enforcement under s. 59.53 (6) (a)
10shall provide the representation for the state as specified under s. 767.075 (1)
11767.205 (2) (a) in cases brought under this section.
SB123,104,1512 (c) The attorney under s. 59.53 (6) (a) or any state attorney acting under par.
13(b) may not represent the state as specified under s. 767.075 (1) 767.205 (2) (a) in an
14action under this section and at the same time act as guardian ad litem for the child
15or the alleged child of the party.
SB123,104,22 16(6m) When action must be commenced. The attorney designated under sub.
17(6) (a) shall commence an action under this section on behalf of the state within 6
18months after receiving notification under s. 69.03 (15) that no father is named on the
19birth certificate of a child who is a resident of the county if paternity has not been
20acknowledged under s. 767.62 767.805 (1) or a substantially similar law of another
21state or adjudicated, except in situations under s. 69.14 (1) (g) and (h) and as provided
22by the department by rule.
SB123,104,24 23(6r) (a) 2. c. That the man male designated in s. 48.299 (6) (a) or 938.299 (6)
24(a) has previously been excluded as the father of the child.
SB123,105,5
1(7) Clerk to provide document. The clerk of court shall provide without
2charge, to each person bringing an action under this section, except to the state under
3sub. (1) (g) or (6m), a document setting forth the percentage standard established by
4the department under s. 49.22 (9) and listing the factors which that a court may
5consider under s. 767.25 767.511 (1m).
SB123, s. 185 6Section 185. 767.455 (title) and (1) to (4) of the statutes are renumbered
7767.813 (title) and (1) to (4).
SB123, s. 186 8Section 186. 767.455 (5) of the statutes is renumbered 767.813 (5) and
9amended to read:
SB123,105,1110 767.813 (5) Form Forms. The summons shall be in substantially one of the
11following form forms:
SB123,105,12 12(a) Mother as petitioner.
SB123,105,1313 STATE OF WISCONSIN,                        CIRCUIT COURT: ....COUNTY
SB123,105,1515 In re the Paternity of A. B.
SB123,105,1616 STATE OF WISCONSIN
SB123,105,17 17  and
SB123,105,1818 C. D. (Mother-Petitioner)
SB123,105,1919 Address
SB123,105,2020 City, State Zip Code                                               File No. ...
SB123,105,21 21       , Petitioners
SB123,105,22 22   vs.                                                      S U M M O N S
SB123,105,2323 E. F.
SB123,105,2424 Address                            .... (Case Classification Type):.... (Code No.)
SB123,105,2525 City, State Zip Code
SB123,106,1
1     , Respondent
SB123,106,33 THE STATE OF WISCONSIN, To the Respondent:
SB123,106,6 41. You have been sued. .... claims that you are the father of the child, .... born
5on .... (date), in .... (city) (county) (state). You must appear to answer this claim of
6paternity. Your court appearance is:
SB123,106,77 Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SB123,106,88 Time: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SB123,106,99 Room: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SB123,106,1010 Judge or Circuit Court Commissioner: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SB123,106,1111 Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SB123,106,15 122. If you do not appear, the court will enter a default judgment finding you to
13be the father. A default judgment will take effect 30 days after it is served on or
14mailed to you, unless within those 30 days you present to the court evidence of good
15cause for failure to appear.
SB123,106,22 163. If you plan to be represented by an attorney, you should contact the attorney
17prior to the court appearance listed above. If you are unable to afford an attorney,
18the court will appoint one for you only upon the blood genetic tests showing that you
19are not excluded as the father and the probability of your being the father is less than
2099.0%. Appearance is not required if you complete the attached waiver of first
21appearance statement and send it to the court at least 10 days prior to the date of
22your scheduled appearance in this summons
99.0 percent.
SB123,106,25 234. You are also notified that interference with the custody of a child is
24punishable by a fine of up to $10,000 and imprisonment for up to 5 years. Section
25948.31, stats.
SB123,107,3
15. The .... County Clerk of Circuit Court is an equal opportunity service
2provider. If you need assistance to access services in the courts or need material in
3an alternate format, please call ....
.
SB123,107,44 Dated: ...., .... (year)
SB123,107,55 Signed:.... ....
SB123,107,66 G. H., Clerk of Circuit Court
SB123,107,7 7      or
SB123,107,88 Petitioner's Attorney
SB123,107,99 State Bar No.: ....
SB123,107,1010 Address: ....
SB123,107,1111 City, State Zip Code: ....
SB123,107,1212 Phone No.: ....
Note: Revises the current summons form for a mother-petitioner in a paternity
action to reflect changes in the bill making default judgments effective immediately and
eliminating the waiver of first appearance in paternity actions. The revised form (and
the new forms created in Sec. 243 ) add a provision indicating that the clerk of circuit court
is an equal opportunity service provider.
SB123, s. 187 13Section 187. 767.455 (5g) of the statutes is repealed.
Note: Replaced by the provision created by Sec. 244 of the bill.
SB123, s. 188 14Section 188 . 767.455 (5r) of the statutes is repealed.
Note: The paternity reform committee recommended eliminating the waiver of
first appearance in paternity actions, thus requiring a first appearance in every case that
comes to court. Only voluntary acknowledgments will not have a first appearance. The
committee suggested this change: (1) because the current system is "cumbersome,
including extra and unnecessary court appearances"; and (2) to "reduce fraud, which can
occur since we do not know with assurance who signed the waiver as most are not
notarized".
This change is made in the bill by repealing current ss. 767.455 (5r), 767.457 (2)
and 767.465 (2m) (b), relating to waiver of first appearance.
SB123, s. 189 15Section 189. 767.455 (5w) of the statutes is repealed.
Note: Repeals current s. 767.455 (5w), stats., which specifies that the current
statutory summons form does not apply to "a man alleging himself to be the father of the
child". A separate summons form for an alleged father as petitioner is created by Sec. 243
in this bill.
SB123, s. 190
1Section 190. 767.455 (6) of the statutes is renumbered 767.813 (6) and
2amended to read:
SB123,108,63 767.813 (6) Document. The summons served on the respondent shall be
4accompanied by a document, provided without charge by the clerk of court, setting
5forth the percentage standard established by the department under s. 49.22 (9) and
6listing the factors which that a court may consider under s. 767.25 767.511 (1m).
SB123, s. 191 7Section 191. 767.456 of the statutes is renumbered 767.815.
SB123, s. 192 8Section 192. 767.457 (title) of the statutes is repealed.
SB123, s. 193 9Section 193. 767.457 (1) of the statutes is renumbered 767.86 and amended
10to read:
SB123,108,14 11767.86 Time of first appearance. The first appearance under s. 767.458
12767.863 may not be held any sooner than until 30 days after service or receipt of the
13summons and petition unless the parties agree that the first appearance may be held
14sooner
to an earlier date.
SB123, s. 194 15Section 194. 767.457 (2) of the statutes is repealed.
Note: This Section, which repeals s. 767.457 (2), and Secs. 188 and 204 eliminate
the waiver of first appearance in paternity cases. See the note to Sec. 188 in this bill.
SB123, s. 195 16Section 195. 767.458 (title) of the statutes is renumbered 767.863 (title).
SB123, s. 196 17Section 196 . 767.458 (1) (intro.) of the statutes is renumbered 767.863 (1) and
18amended to read:
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