.... I agree that I am the child's father, subject to confirmation by a genetic test.
If I enter a plea agreeing that I am the child's father, a judgment of paternity will be entered against me. If I enter a plea denying that I am the child's father or a plea agreeing that I am the child's father, subject to a genetic test, I agree to undergo a genetic test.
4. I have read the summons and the notice or have had them read to me.
5. This waiver of first appearance statement is valid only if it is delivered to the court on or before .....
6. I will keep the clerk of court informed of my address at all times. The following is my current address:
....................................................
Street address and apartment number
....................................................
City State Zip Code
...... ......................................
Date Signature of Respondent
767.455(5w)
(5w) Exception. Subsections (5) to
(5r) do not apply in an action brought by a man alleging himself to be the father of the child.
767.455(6)
(6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under
s. 49.22 (9) and listing the factors which a court may consider under
s. 767.25 (1m).
767.455 History
History: 1979 c. 352;
1981 c. 314;
1983 a. 447;
1985 a. 29;
1987 a. 27,
413; Sup. Ct. Order, 171 Wis. 2d xix (1992);
1993 a. 16,
481;
1995 a. 27 ss.
7112,
7113b,
9126 (19);
1995 a. 100,
404,
417;
1997 a. 35,
191,
250;
1999 a. 9;
2001 a. 61,
105.
767.455 Annotation
Failure to object to personal jurisdiction prior to returning a completed "Waiver of First Appearance" form under sub. (5r) constituted a submission to the court's jurisdiction and waiver of objection. Paternity of K.J.E.
168 Wis. 2d 209,
483 N.W.2d 588 (Ct. App. 1992).
767.456
767.456
Enlargement of time in a paternity proceeding. The time for service of summons and petition under
s. 801.02 (1) in a paternity proceeding may be extended as provided in either
sub. (1) or
(2):
767.456(1)
(1) Upon the petitioner's demonstration of good cause, the court may without notice order one additional 60-day extension for service of the summons and petition.
767.456(2)
(2) The time for service may be extended until the date the summons and petition are actually served, if both of the following apply:
767.456(2)(a)
(a) There are reasonable grounds to believe that before the time for service under
s. 801.02 (1) or
sub. (1) expired the respondent knew that the mother was pregnant and that the respondent may be the father.
767.456(2)(b)
(b) Due diligence was exercised in attempting to serve the respondent, before he was actually served.
767.456 History
History: 1983 a. 447.
767.457
767.457
Time of first appearance. 767.457(1)
(1) The first appearance under
s. 767.458 may not be held any sooner than 30 days after service or receipt of the summons and petition unless the parties agree that the first appearance may be held sooner.
767.457(2)
(2) A first appearance of a respondent is not required if, at least 10 days prior to the scheduled appearance, the respondent waives his first appearance by filing a completed waiver of first appearance statement under
s. 767.455 (5r).
767.457 History
History: 1987 a. 27;
1991 a. 313.
767.458(1)(1) At the first court appearance where the respondent is present, the court shall inform the parties of the following:
767.458(1)(a)
(a) A judgment of paternity lawfully designates the child as the child of the respondent, granting parental rights to the respondent, creating the right of inheritance for the child, obligating the respondent to pay support until the child reaches the age of 18, and making failure to pay support punishable by imprisonment as a contempt of the court;
767.458(1)(b)
(b) If the respondent is unable to afford counsel due to indigency, and the petitioner is represented by a government attorney under
s. 767.45 (1) (g) or
(6) or the action is commenced on behalf of the child by an attorney appointed under
s. 767.045 (1) (c), counsel shall be appointed for the respondent as provided in
s. 767.52 and
ch. 977, unless the respondent knowingly and voluntarily waives the appointment of counsel;
767.458(1)(c)
(c) Except as provided under
sub. (1m) and
s. 767.463, the respondent may request the administration of genetic tests which either demonstrate that he is not the father of the child or which demonstrate the probability that he is or is not the father of the child;
767.458(1)(d)
(d) Except as provided in
subs. (1m) and
(2) and
s. 767.463, the court will order genetic tests upon the request of any party; and
767.458(1)(e)
(e) The respondent has the defenses that he was sterile or impotent at the time of conception, he did not have sexual intercourse with the mother during a period 8 to 10 months prior to the birth of the child, or that another man did have sexual intercourse with the mother during that period of time.
767.458(1m)
(1m) In an action to establish the paternity of a child who was born to a woman while she was married, where a man other than the woman's husband alleges that he, not the husband, is the child's father, a party may allege that a judicial determination that a man other than the husband is the father is not in the best interest of the child. If the court or a circuit or supplemental court commissioner under
s. 757.675 (2) (g) determines that a judicial determination of whether a man other than the husband is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.
767.458(2)
(2) At the first appearance, if it appears from a sufficient petition or affidavit of the child's mother or an alleged father, or from sworn testimony of the child's mother or an alleged father, that there is probable cause to believe that any of the males named has had sexual intercourse with the mother during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with
s. 767.48. The court is not required to order a person who has undergone a genetic test under
s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under
s. 767.48 (2).
767.458(3)
(3) At the first appearance, if a statement acknowledging paternity under
s. 69.15 (3) (b) 1. or
3. that was signed and filed before April 1, 1998, is on file, the court may enter an order for child support, legal custody or physical placement and, if the respondent who filed the statement does not dispute his paternity, may enter a judgment of paternity.
767.458 Annotation
Before dismissing a petition without considering the merits, sub. (1m) requires the trial court to conduct a hearing to determine the child's best interests . Paternity of T.R.B.
154 Wis. 2d 637,
454 N.W.2d 561 (Ct. App. 1990).
767.458 Annotation
Sub. (1m) is constitutional. The court has an obligation to refuse to allow blood tests if the tests may result in a determination that the person alleging his paternity is the natural father and that determination would not be in the best interest of the children. Paternity of C.A.S.
161 Wis. 2d 1015,
468 N.W.2d 719 (1991).
767.458 Annotation
In re Paternity of C.A.S. and C.D.S.: The New Status of Putative Fathers' Rights in Wisconsin. 1992 WLR 1669.
767.459
767.459
Appearance on behalf of deceased respondent. The personal representative or an attorney may appear for a deceased respondent who is the alleged father whenever an appearance by the respondent is required.
767.459 History
History: 1993 a. 481.
767.46
767.46
Pretrial paternity proceedings. 767.46(1)
(1) A pretrial hearing shall be held before the court or a circuit or supplemental court commissioner under
s. 757.675 (2) (g). A record or minutes of the proceeding shall be kept. At the pretrial hearing the parties may present and cross-examine witnesses, request genetic tests and present other evidence relevant to the determination of paternity.
767.46(2)
(2) On the basis of the information produced at the pretrial hearing, the court shall evaluate the probability of determining the existence or nonexistence of paternity in a trial and shall so advise the parties. On the basis of the evaluation, the court may make an appropriate recommendation for settlement to the parties. This recommendation may include any of the following:
767.46(2)(a)
(a) That the action be dismissed with or without prejudice.
767.46(2)(b)
(b) That the alleged father voluntarily acknowledge paternity of the child.
767.46(2)(c)
(c) If the alleged father voluntarily acknowledges paternity of the child, that he agree to the duty of support, the legal custody of the child, periods of physical placement of the child and other matters as determined to be in the best interests of the child by the court.
767.46(3)
(3) If the parties accept a recommendation made in accordance with this section, judgment shall be entered accordingly.
767.46(4)
(4) If a party or the guardian ad litem refuses to accept a recommendation made under this section and genetic tests have not yet been taken, the court shall require the appropriate parties to submit to genetic tests. After the genetic tests have been taken the court shall make an appropriate final recommendation.
767.46(5)
(5) If the guardian ad litem or any party refuses to accept any final recommendation, the action shall be set for trial.
767.46(6)
(6) The informal hearing may be terminated and the action set for trial if the court finds it unlikely that all parties would accept a recommendation in this section.
767.46 History
History: 1979 c. 352;
1983 a. 447;
1987 a. 27; Sup. Ct. Order, 141 Wis. 2d xxxix (1987);
1987 a. 355;
1993 a. 481;
1995 a. 100;
2001 a. 61.
767.46 Note
Judicial Council Note, 1988: This section mandates pretrial hearings in paternity proceedings. Under sub. (6), the informal hearing may be terminated and set for trial if the judge or family court commissioner finds it unlikely that all parties would accept a recommendation under this section and similarly, under sub. (5), if the guardian ad litem or any party refuses to accept the final recommendation. This amends sub. (1), to emphasize that this is an informal hearing before a judge, not a court in session, or before a court commissioner and that, while the hearing may be on the record, minutes alone are sufficient. [Re Order effective Jan. 1, 1988]
767.46 Annotation
The trial court may order a putative father to a take blood test only after determining at a pretrial hearing that paternity probably can be established at trial and that the establishment of paternity is in the best interests of the child. State ex rel. Scott v. Slocum,
109 Wis. 2d 397,
326 N.W.2d 118 (Ct. App. 1982).
767.46 Annotation
Notwithstanding s. 804.12 (2) (a) 4., the trial court may find a party in civil contempt for refusing to submit to a blood test. Paternity of T.P.L.
120 Wis. 2d 328,
354 N.W.2d 759 (Ct. App. 1984).
767.46 Annotation
Nothing in this section authorizes ordering a name change in the best interests of the child in a paternity judgement. Sub. (2) (c) only authorizes a court to make settlement recommendations in pretrial proceedings if paternity is acknowledged. Although s. 69.15 (1) (a) provides for changing a name according to an order in a paternity action, it does not provide authority to order a name change in a paternity action without complying with the procedural requirements for a name change under s. 786.36. Paternity of Noah J.M.
223 Wis. 2d 768,
590 N.W.2d 21 (Ct. App. 1998).
767.463
767.463
Dismissal if adjudication not in child's best interest. Except as provided in
s. 767.458 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem, the court or circuit or supplemental court commissioner under
s. 757.675 (2) (g) may, with respect to a man, refuse to order genetic tests, if genetic tests have not yet been taken, and dismiss the action if the court or circuit or supplemental court commissioner determines that a judicial determination of whether the man is the father of the child is not in the best interest of the child.
767.463 History
History: 1997 a. 191;
2001 a. 61.
767.463 Annotation
A court may dismiss an action to establish the paternity of a child under this section only if the court has not yet ordered the parties to submit to genetic testing. Randy A. J. v. Norma I. J. 2004 WI 41,
270 Wis. 2d 384,
677 N.W.2d 630,
02-0469.
767.465
767.465
Default and stipulated judgments. 767.465(1)
(1)
Judgment when petitioner fails to appear or is unable to proceed. If a petitioner, other than the state, fails to appear and plead on the date set for the pretrial hearing or the date set for the trial or if the state is the petitioner and is unable to proceed on the date set for the pretrial hearing or the date set for the trial, the court may enter a judgment for the respondent dismissing the action, on the motion of the respondent or upon its own motion.
767.465(1m)
(1m) Judgment when mother fails to appear. Notwithstanding
sub. (1), a court may enter an order adjudicating the alleged father, or man alleging that he is the father, to be the father of the child under
s. 767.51 if the mother of the child fails to appear at the first appearance, unless the first appearance is not required under
s. 767.457 (2), scheduled genetic test, pretrial hearing or trial if sufficient evidence exists to establish the man as the father of the child.
767.465(2)
(2) Judgment when respondent fails to appear. 767.465(2)(a)(a) Except as provided in
sub. (2m), if a respondent is the alleged father and fails to appear at the first appearance, unless the first appearance is not required under
s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing or trial, the court shall enter an order adjudicating the respondent to be the father and appropriate orders for support, legal custody and physical placement. The orders shall be either served on the respondent or mailed by regular, registered or certified mail, to the last-known address of the respondent. The orders shall take effect 30 days after service or 30 days after the date on which the orders were mailed unless, within that time, the respondent presents to the court or a circuit or supplemental court commissioner under
s. 757.675 (2) (g) evidence of good cause for failure to appear or failure to have undergone a court-ordered genetic test.
767.465(2)(b)
(b) A default judgment may not be entered under
par. (a) if there is more than one person alleged in the petition to be the father, unless only one of those persons fails to appear and all of the other male respondents have been excluded as the father.
767.465(2m)(a)(a) At any time after service of the summons and petition, a respondent who is the alleged father may, with or without appearance in court and subject to the approval of the court, in writing acknowledge that he has read and understands the notice under
s. 767.455 (5g) and stipulate that he is the father of the child and for child support payments, legal custody and physical placement. The court may not approve a stipulation for child support unless it provides for payment of child support determined in a manner consistent with
s. 767.25 or
767.51.
767.465(2m)(b)
(b) If the respondent timely files a completed waiver of first appearance statement under
s. 767.455 (5r), as provided in
s. 767.457 (2), and files the acknowledgment and stipulation in conjunction with the waiver of first appearance statement or before the scheduled pretrial hearing, the respondent need not appear in court in the proceeding unless required to do so by the court.
767.465(2m)(c)
(c) If the court approves the stipulation, the court shall enter an order adjudicating the respondent to be the father as well as appropriate orders for support, legal custody and physical placement. The orders shall either be served on the respondent or mailed by regular, registered or certified mail to the last-known address of the respondent. The orders shall take effect upon entry if the respondent has so stipulated. If the respondent has not so stipulated, the orders shall take effect 30 days after service or 30 days after the date on which the orders were mailed unless, within that time, the respondent presents to the court evidence of good cause why the orders should not take effect.
767.465(3)
(3) Motion to reopen. A default judgment, or a judgment upon stipulation unless each party appeared personally before the court at least one time during the proceeding, that is rendered under this section and that adjudicates a person to be the father of a child may be reopened:
767.465(3)(a)
(a) At any time upon motion or petition for good cause shown.
767.465(3)(c)
(c) Within one year after the judgment upon motion or petition, except that a respondent may not reopen more than one default judgment or more than one such stipulated judgment on a particular case under this paragraph.
767.465(4)
(4) Appeal. An appeal of a denial of the petition or motion to reopen shall be to the court of appeals.
767.465 Annotation
The respondent must appear personally under sub. (2) (a). An attorney's appearance is insufficient. Paternity of Tiffany B.
173 Wis. 2d 864,
496 N.W.2d 711 (Ct. App. 1993).
767.466
767.466
Motion to reopen judgment based on statement acknowledging paternity. A judgment which adjudicates a person to be the father of a child and which was based upon a statement acknowledging paternity that was signed and filed before April 1, 1998, may, if no trial was conducted, be reopened under any of the following circumstances:
767.466(1)
(1) At any time upon motion or petition for good cause shown.
767.466(3)
(3) Within one year after entry of the judgment upon motion or petition.
767.466 History
History: 1987 a. 413;
1997 a. 191.
767.47
767.47
Testimony and evidence relating to paternity. 767.47(1)(1) Evidence relating to paternity, whether given at the trial or the pretrial hearing, may include, but is not limited to:
767.47(1)(a)
(a) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception or evidence of a relationship between the mother and alleged father at any time.
767.47(1)(b)
(b) An expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy.
767.47(1)(d)
(d) The statistical probability of the alleged father's paternity based upon the genetic tests.
767.47(1)(e)
(e) Medical, scientific or genetic evidence relating to the alleged father's paternity of the child based on tests performed by experts.
