Author: case-master

Randy A.J. v. Norma L.J.

Husband is equitable parent of minor child and trial court properly awarded him custody. Presumption in favor of natural parent can be overcome by evidence that the marital father has so bonded with the child to be considered the equitable parent. (Affirmed)

In re the Paternity of T.J.D.C.

While child was born prior to marriage and parents failed to complete the Acknowledgment of a Marital Child form, the State was obligated to file a paternity action, per Wis. Stats. §767.80(1). Although Respondent was the presumed father per Wis. Stats. §891.41(1), by failing to acknowledge paternity, the state was obligated to file the action.

Hendrick v. Hendrick

Trial court did not err in finding that marital presumption was overcome where (a) husband had abandoned the child (b) bio-dad never requested evidentiary hearing on best interests and under Wis. Stats. §767.863(2), ordering tests was mandatory.