Gerhardt v. Estate of Moore
Lump sum paternity settlement denies equal protection of laws.
Lump sum paternity settlement denies equal protection of laws.
Husband entitled to blood tests to determine paternity AFTER the divorce where he did not contest paternity at trial, but learned later that he may not be father.
D.N.A. test properly admitted by trial court under §767.48’s broad language regarding blood test admissibility.
Directed verdict reversed where respondent tested 99.36% because sufficient evidence existed to support jury verdict of non-paternity. Mother used contraceptives with respondent, but not with an untested man, with whom she also had relations during conceptive period.
§767.458(1m) found constitutional. Trial court’s dismissal of paternity action upheld. See: 161 Wis.2d 1015.
History of mother’s pregnancy is discoverable. The trial court may admit discovery of a patient’s history as long as evidence relating to sexual relations of the mother outside the probable time of conception is eliminated.
Paternity cases, being a civil proceeding, does not afford parties the right under due-process to a new trial based on ineffectiveness of counsel.
Court had personal jurisdiction over putative father by having act of intercourse within the state, even though Wisconsin may not have been the state of conception.
It was error for court to dismiss paternity proceeding brought by GAL, where state was time-barred. A child in a paternity proceeding can have many interests divergent from those of the state or of the child’s mother.
Trial court finding that paternity action was not in child’s best interests was valid where there was an intact functioning family unit and there was a strong potential for future struggles with the putative biological father.