In Re Paternity of Joshua E.
(1) Mother is a necessary party to a paternity action (2) Statutes require joinder of mother (3) Mother does not stand in privity with the state and may have diverse interests.
(1) Mother is a necessary party to a paternity action (2) Statutes require joinder of mother (3) Mother does not stand in privity with the state and may have diverse interests.
(1) Court can enter default judgment when respondent did not appear at trial (2) Court can assess costs of expert witnesses against respondent.
Wisconsin paternity action not barred on ground of full faith and credit to Kentucky divorce because Kentucky law would allow collateral attack to presumption of paternity.
In case where mother was receiving AFDC, but father was living with her and child and support child: (1) Court has discretion to credit the putative father for support prior to adjudication of paternity (2) “Manifest injustice” test under Schultz v. Ystad does not apply (3) It would be inequitable to require retroactive payments to a time father was already support the child.
Statute of limitations for starting paternity action expires 19 years after birth of child and is not unconstitutional.
Summary judgment should not be granted either when the period of conception has not been established or when there is sufficient evidence that an untested male had sex with mother during the conceptive period.
Summary judgment should not be granted either when the period of conception has not been established or when there is sufficient evidence that an untested male had sex with mother during the conceptive period.
Dismissal of paternity action brought by district attorney does not preclude child from bringing her own action through her GAL.
Res judicata, collateral estoppel and claim preclusion do not bar a child from bringing an action for paternity where earlier action by mother resulted in jury finding of nonpaternity. Child was not a party to or in privity with mother in earlier action.
Alleged father has the right to a determination of paternity regardless of the circumstances out of which paternity may have arisen. Court erred in ordering a best interests hearing where mother claimed sexual assault.