Family — child support – visitation — non-parents

Listen to this article

Wisconsin Court of Appeals

Civil

Family — child support – visitation — non-parents

Belva Bowden appeals an order of the circuit court requiring her to pay child support to her former partner, Amy Korslin, the biological parent of the child they raised together until their relationship ended. Bowden argues, and Korslin concedes, that the circuit court lacked statutory authority to order Bowden to pay child support. Korslin develops no argument as to why the circuit court had authority to order Bowden to pay child support in light of that concession. We therefore reverse that portion of the circuit court’s order requiring Bowden to pay child support and remand to the circuit court with instructions to order the repayment of all child support payments made.

Korslin cross-appeals an order of the circuit court granting Bowden certain visitation rights. Korslin’s primary argument on appeal is that the circuit court failed to properly apply the test for determining whether a non-parent’s request for visitation is in a child’s best interests as set forth in the United States Supreme Court’s decision in Troxel v. Granville, 530 U.S.

57 (2000), and subsequent Wisconsin cases interpreting Troxel. We disagree and affirm that portion of the order granting Bowden visitation rights. Not recommended for publication in the official reports.

2011AP2660 In re the placement of A.M.K.

Dist IV, Wood County, Potter, J., Higginbotham, J.

Attorneys: For Appellant: Lauterbach, Michael J., Stevens Point; For Respondent: Berkos, Daniel M., Mauston