Family – Paternity

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Wisconsin Court of Appeals

Civil

Family – Paternity

Even though DNA tests showed the petitioner was a child’s father, rather than the mother’s husband, the circuit court properly disregarded the tests because they were not done pursuant to court order.

“We conclude the circuit court properly dismissed Stuart’s paternity action under WIS. STAT. § 767.863(1m).  The circuit court correctly disregarded the genetic testing upon which Stuart relies because it was not completed pursuant to court order, and the court properly determined a judicial determination that Stuart was A.R.R.’s father would not be in A.R.R.’s best interest.  We also conclude dismissal of the paternity action did not violate Stuart’s constitutional rights as A.R.R.’s putative father because his relationship with A.R.R. was not substantial enough to give rise to a constitutionally protected liberty interest.  We therefore affirm.”

Affirmed.

Recommended for publication in the official reports.

2014AP1487 Stuart S. v. Heidi R.

Dist. III, Burnett County, Kutz, J., Stark, J.

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