Paternity Petition

By: Derek Hawkins//October 6, 2015//

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Civil

WI Court of Appeals – District III

Officials: Stark, P.J., Hruz, J., and Thomas Cane, Reserve Judge.

Paternity Petition

2014AP2656 Douglas L. V. Arika B.

Douglas L. appeals an order dismissing, without prejudice, his petition to determine paternity. Douglas argues the circuit court erroneously concluded that a paternity determination was not in the best interest of the child. Arika B. cross-appeals, arguing the petition should have been dismissed with prejudice. We reject Arika’s argument and conclude the circuit court was authorized to dismiss the petition without prejudice. However, the court set forth no factual findings underlying its decision. Because the WIS. STAT. § 767.863(1m) best-interest-of-the-child determination is subject to de novo review, we are unable to address Douglas’s argument. Accordingly, we affirm in part; reverse in part, and remand with directions to make detailed factual findings.

Decision

Affirmed in part, Reversed in Part. Recommended for Publication.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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