Paternity Jurisdiction over a non-resident in Wisconsin

November 1, 2016 Parenting & Kids, Post-Divorce

Today we are exploring how the courts in Wisconsin has the power to determine paternity over a person who doesn’t live in this state. Since we live in a transient society, this happens more often than you might have thought. The answer to how the court can exercise jurisdiction lies in sec. 769.201 of the the Wisconsin statutes, and one of the following needs to apply:

(a) The individual is personally served with a summons or other notice within this state.
(b) The individual submits to the jurisdiction of this state by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.
(c) The individual resided with the child in this state.
(d) The individual resided in this state and provided parental expenses or support for the child.
(e) The child resides in this state as a result of the acts or directives of the individual.
(f) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
(g) The individual asserted parentage of a child in a declaration of parental interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b)1. or 3.
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

One small example how this might play out in day to day life. Let’s assume that a couple had intercourse in another state. The mother ultimately has the child and moves to Wisconsin. The father moves to a different state. He comes here once to visit the baby and then leaves. He is not served with any legal papers while he is visiting here. Under that fact pattern, the child’s residence in the state of Wisconsin may not serve as sufficient contact to subject the alleged father to the jurisdiction of the court. See; State ex. rel. N.R.Z. v. G.L.C. 152 Wis 2d 97 (1989).

You have questions on important family law issues, feel free to contact the experienced family lawyers at Karp & Iancu, S.C. for a 100% confidential consultation.

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