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


2008 WI App 60, 310 Wis. 2d 786, 750 N.W.2d 957 (WI Ct. App., 2008)


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. The trial court did not need to address custody or placement as they were not at issue. By following the statutory requirement, the State was promoting the best interests of the child.

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