Evidentiary Hearing

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Vanidy R. Cross, et al.

Case No.: 2018AP1645

Officials: Brash, P.J., Kessler and Dugan, JJ.

Focus: Evidentiary Hearing

Deray J. Shaffale appeals the trial court’s order denying his motion to void a voluntary acknowledgment of paternity (VPA). Shaffale argues that the trial court’s determination that the VPA is not void due to fraud or a mistake of fact is clearly erroneous. He further argues that the trial court erred, as a matter of law, when it determined that it was not in the child’s best interest to void the VPA and that such finding was clearly erroneous.

We conclude that the record is insufficient to support the trial court’s findings that Shaffale’s signing of the VPA was not due to fraud or mistake of fact. We also conclude that the parties failed to adequately develop their arguments that the best interest of the child standard applies to WIS. STAT. § 767.805 (2017-18)—voiding a VPA and is the proper standard to be applied by the trial court. Therefore, we reverse the trial court’s order and remand this matter for an evidentiary hearing on the issues.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.