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:
SB123,108,2219 767.863 (1) Notice to parties. At the first court appearance where If the
20respondent is present at a hearing prior to the determination of paternity, the court
21shall, at least one time at one such hearing, inform the parties of the following: items
22in s. 767.813 (5g).
SB123, s. 197 23Section 197. 767.458 (1) (a) to (e) of the statutes are repealed.

Note: Repeals s. 767.458 (1) (a) to (e), stats., which set forth the items the court
must inform the parties of at the first court appearance where the respondent is present.
This provision is no longer necessary because the bill amends current s. 767.458 (1)
(intro.) (renumbered s. 767.863 (1) in this bill) to cross-reference the items listed in s.
767.455 (5g) (renumbered s. 767.813 (5g) in this bill). See Sec. 196, above.
SB123, s. 198 1Section 198. 767.458 (1m) to (3) of the statutes are renumbered 767.863 (1m)
2to (3), and 767.863 (1m) and (2), as renumbered, are amended to read:
SB123,109,123 767.863 (1m) Paternity allegation by male other than husband; when
4determination not in best interest of child.
In an action to establish the paternity
5of a child who was born to a woman while she was married, where a man if a male
6other than the woman's husband alleges that he, not the husband, is the child's
7father, a party may allege that a judicial determination that a man male other than
8the husband is the father is not in the best interest of the child. If the court or a circuit
9or
supplemental court commissioner under s. 757.675 (2) (g) determines that a
10judicial determination of whether a man male other than the husband is the father
11is not in the best interest of the child, no genetic tests may be ordered and the action
12shall be dismissed.
SB123,109,22 13(2) Order for tests. At If at the first appearance, if it appears from a sufficient
14petition or affidavit of the child's mother or an alleged father, or from sworn
15testimony of the child's mother or an alleged father, that there is probable cause to
16believe that any of the males named has had sexual intercourse with the mother
17during a possible time of the child's conception, the court may, or upon the request
18of any party shall, order any of the named persons to submit to genetic tests. The
19tests shall be conducted in accordance with s. 767.48 767.84. The court is not
20required to order a person who has undergone a genetic test under s. 49.225 to submit
21to another genetic test under this subsection unless a party requests additional tests
22under s. 767.48 767.84 (2).
SB123, s. 199
1Section 199. 767.459 (title) of the statutes is renumbered 767.865 (title) and
2amended to read:
SB123,110,3 3767.865 (title) Appearance on behalf of deceased Deceased respondent.
SB123, s. 200 4Section 200 . 767.459 of the statutes is renumbered 767.865 (1) (a) and
5amended to read:.
SB123,110,116 767.865 (1) (a) The personal representative or an attorney, if there is no
7personal representative, a guardian ad litem in accordance with par. (b)
may appear
8for a deceased respondent who is the alleged father whenever an appearance by the
9respondent is required. The summons and petition shall be served on the personal
10representative of and guardian ad litem for the deceased respondent under s.
11767.813 (3).
Note: See the note to Sec. 257 of this bill.
SB123, s. 201 12Section 201. 767.46 of the statutes is renumbered 767.88, and 767.88 (1), as
13renumbered, is amended to read:
SB123,110,1814 767.88 (1) Procedure; evidence. A pretrial hearing shall be held before the
15court or a circuit or supplemental court commissioner under s. 757.675 (2) (g). A
16record or minutes of the proceeding shall be kept. At the pretrial hearing the parties
17may present and cross-examine witnesses, request genetic tests, and present other
18evidence relevant to the determination of paternity.
SB123, s. 202 19Section 202. 767.463 of the statutes is renumbered 767.855 and amended to
20read:
SB123,111,4 21767.855 Dismissal if adjudication not in child's best interest. Except as
22provided in s. 767.458 767.863 (1m), at any time in an action to establish the
23paternity of a child, upon the motion of a party or guardian ad litem, the court or
24circuit or supplemental court commissioner under s. 757.675 (2) (g) may, with respect

1to a man male, refuse to order genetic tests, if genetic tests have not yet been taken,
2and dismiss the action if the court or circuit or supplemental court commissioner
3determines that a judicial determination of whether the man male is the father of
4the child is not in the best interest of the child.
SB123, s. 203 5Section 203. 767.465 (title), (1), (1m), (2) and (2m) (title) and (a) of the statutes
6are renumbered 767.893 (title), (1), (1m), (2) and (2m) (title) and (a), and 767.893
7(1m), (2) (a) and (b) and (2m) (a), as renumbered, are amended to read:
SB123,111,138 767.893 (1m) Judgment when mother fails to appear. Notwithstanding sub.
9(1), a court may enter an order adjudicating the alleged father, or man male alleging
10that he is the father, to be the father of the child under s. 767.51 767.89 if the mother
11of the child fails to appear at the first appearance, unless the first appearance is not
12required under s. 767.457 (2),
scheduled genetic test, pretrial hearing, or trial if
13sufficient evidence exists to establish the man male as the father of the child.
SB123,111,24 14(2) (a) Except as provided in sub. (2m), if a respondent is the alleged father and
15fails to appear at the first appearance, unless the first appearance is not required
16under s. 767.457 (2),
scheduled court-ordered genetic test, pretrial hearing, or trial,
17the court shall enter an order adjudicating the respondent to be the father and
18appropriate orders for support, legal custody, and physical placement. The orders
19shall be either served on the respondent or mailed by regular, registered, or certified
20mail, to the last-known address of the respondent. The orders shall take effect 30
21days after service or 30 days after the date on which the orders were mailed unless,
22within that time, the respondent presents to the court or a circuit or supplemental
23court commissioner under s. 757.675 (2) (g) evidence of good cause for failure to
24appear or failure to have undergone a court-ordered genetic test.

Note: Amended to delete language requiring a delay in the effective date of default
judgment orders in paternity actions. The paternity reform committee recommended
that default judgments in paternity cases take effect immediately.
SB123,112,31 (b) A default judgment may not be entered under par. (a) if there is more than
2one person alleged in the petition to be the father, unless only any of the following
3applies:
SB123,112,5 41. Only one of those persons fails to appear and all of the other male
5respondents have been excluded as the father.
Note: See Sec. 262 in this bill for subd. 2.
SB123,112,13 6(2m) (a) At any time after service of the summons and petition, a respondent
7who is the alleged father may, with or without appearance in court and subject to the
8approval of the court, in writing acknowledge that he has read and understands the
9notice under s. 767.455 767.813 (5g) and stipulate that he is the father of the child
10and for child support payments, legal custody, and physical placement. The court
11may not approve a stipulation for child support unless it provides for payment of
12child support determined in a manner consistent with s. 767.25 767.511 or 767.51
13767.89.
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