Wisconsin Legislature: SB123,132,13

SB123,131,2523 1. You have been sued. The petitioner .... claims that .... is the mother and ....
24may be the father of the child, .... born on .... (date), in .... (city) (county) (state). You
25must appear to answer this claim of paternity. Your court appearance is:

SB123,131,2626 Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SB123,132,1

1Time: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SB123,132,22 Room: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SB123,132,33 Judge or Circuit Court Commissioner: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SB123,132,44 Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SB123,132,105 2. If you do not appear, the court may enter a default judgment finding .... to
6be the father. If you plan to be represented by an attorney, you should contact the
7attorney prior to the court appearance listed above. If you are alleged to be the father
8and you are unable to afford an attorney, the court will appoint one for you only upon
9genetic tests showing that you are not excluded as the father and the probability of
10your being the father is less than 99.0 percent.

SB123,132,1311 3. The .... County Clerk of Circuit Court is an equal opportunity service
12provider. If you need assistance to access services in the court or need material in
13an alternate format, please call .... .

SB123,132,1414 Dated: ...., .... (year)

SB123,132,1515 Signed:.... ....

SB123,132,1616 G. H., Clerk of Circuit Court

SB123,132,17 17 or

SB123,132,1818 Petitioner's Attorney

SB123,132,1919 State Bar No.: ....

SB123,132,2020 Address: ....

SB123,132,2121 City, State Zip Code: ....

SB123,132,2222 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 23Section 244 . 767.813 (5g) of the statutes is created to read:

SB123,133,2

1767.813 (5g) Notice. The notice to parties shall be attached to the summons.
2The notice shall be in boldface type and in substantially the following form:

SB123,133,33 NOTICE TO PARTIES

SB123,133,114 1. You are a party to a petition for paternity. A judgment of paternity legally
5designates the child in the case to be a child of the man found to be the father. It
6creates a legally recognized parent-child relationship between the man and the
7child. It creates the right of inheritance for the child, and obligates the man to
8support the child until the child reaches the age of 18, or the age of 19 if the child is
9enrolled full-time in high school or its equivalent. The failure by either parent to pay
10court-ordered support is punishable by imprisonment as a contempt of court or as
11a criminal violation.

SB123,133,1812 2. A party to a paternity case has the right to be represented by an attorney.
13If you are unable to afford an attorney and you are a man who is named as the
14possible father of a child in a paternity case, the court will appoint an attorney for
15you only if the results of one or more genetic tests show that you are not excluded as
16the father and that the statistical probability of your being the father is less than 99.0
17percent. In order to determine whether you are entitled to have an attorney
18appointed for you, you may call the following telephone number .... .

SB123,133,2319 3. The petitioner in this case has the burden of proving by a clear and
20satisfactory preponderance of the evidence whether the man named as the possible
21father is the father. However, if genetic tests show that the man named is not
22excluded as the father, and show that the statistical probability that the man is the
23father is 99.0 percent or higher, that man is rebuttably presumed to be the father.

SB123,134,224 4. You may request genetic tests which will indicate the probability that the
25man named as the possible father is or is not the father of the child. The court will

1order genetic tests on a request by you, the state, or any other party. Any person who
2refuses to take court-ordered genetic tests may be punished for contempt of court.

SB123,134,33 5. The following defenses are available in a paternity case:

SB123,134,54 (a) The man named as a possible father of the child may claim that he was
5sterile or impotent at the time of conception.

SB123,134,86 (b) The mother may claim that she, or the man named as a possible father may
7claim that he, did not have sexual intercourse with the other party during the
8conceptive period (generally the period 8 to 10 months before the birth of the child).

SB123,134,109 (c) The mother or the man named as a possible father may claim that another
10man had sexual intercourse with the mother during the conceptive period.

SB123,134,1211 6. You have the right to request a jury trial on the issue of whether the named
12man is the father.

SB123,134,1513 7. If you fail to appear at any stage of the proceeding, including a scheduled
14court-ordered genetic test, the court may enter a default judgment finding the man
15claimed to be the father as the father.

SB123,134,1716 8. You must keep the clerk of court and child support agency informed of your
17current 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 18Section 245. 767.814 of the statutes is created to read:

SB123,135,4

1767.814 Names on pleadings after paternity determined. After paternity
2is determined by the court in an action or proceeding under this subchapter, any
3papers filed in, and any records of, the court relating to the action or proceeding may
4identify 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 5Section 246. 767.815 (1) (title) and (2) (title) of the statutes are created to read:

SB123,135,66 767.815 (1) (title) Good cause.

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

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

SB123,135,1010 767.82 (1) (title) Appointment of guardian ad litem.

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

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

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

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

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

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

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

SB123, s. 248 18Section 248. 767.83 (2) (title) of the statutes is created to read:

SB123,135,1919 767.83 (2) (title) Extent of appointed attorney's representation.

SB123, s. 249 20Section 249. 767.84 (1) (title) of the statutes is created to read:

SB123,135,2121 767.84 (1) (title) When test ordered; report.

SB123, s. 250 22Section 250 . 767.84 (1) (a) 2. of the statutes is created to read:

SB123,136,4

1767.84 (1) (a) 2. The requirement for tests under subd. 1. does not apply to
2default judgments under s. 767.893 or voluntary acknowledgements of paternity
3under s. 767.805 or where the respondent is deceased and genetic material may not
4be obtained without undue hardship under s. 767.865 (2).

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

SB123,136,77 767.84 (1m) (title) Rebuttable presumption.

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

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

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

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

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

SB123, s. 252 13Section 252. 767.85 (1) (title) of the statutes is created to read: