Category: Paternity

Amber J.F. v. Richard B.

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.

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.