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.
Legislature, in enacting §767.863(1m), did not intend to allow parties to circumvent a court’s authority to dismiss paternity actions at the initial stage of the proceeding based on the child’s best interest by obtaining genetic testing without court approval.
Dismissal of action seeking genetic testing can be without prejudice.