In Re Paternity of Taylor R.T.
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.
Ordering payment of past child support does not violated ex post factor rules. Court could order child support even though father was not aware of child’s existence for the first 15 years of the child’s life.
Court only has authority to create a child support obligation directly in favor of a person who is less than 19 years old and is pursuing a high school diploma at the time the action is commenced.
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)
Court cannot order a father to pay lying-in expenses when he has no current ability to pay. If the ability to pay changes, the order may be modified.
Court cannot order a father to pay lying-in expenses when he has no current ability to pay. If the ability to pay changes, the order may be modified.
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.