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IN RE PATERNITY OF T.R.B.

No. 89-1363-FT.

154 Wis.2d 637 (1990)

454 N.W.2d 561

IN RE the PATERNITY OF T.R.B.: J.F., Appellant, v. R.B. and T.B., Respondents.

Court of Appeals of Wisconsin.

Decided January 23, 1990.

Attorney(s) appearing for the Case

For appellant there were briefs by Ronald D. Haacke, Clintonville.

For respondents there was a brief by J.D. McKay, Green Bay.

For National Council for Children's Rights there was an amicus curiae brief by Michael L. Oddenino, National Council for Children's Rights, Arcadia, California.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

J.F. appeals an order dismissing his paternity action to declare him the father of T.R.B. (D.O.B. Nov. 10, 1986).1 The child's mother was married to another man at the time of conception, and remained so thereafter. The circuit court dismissed J.F.'s paternity claim without reaching the merits on grounds that the action is not in the best interests of the child. We hold that sec. 767.458(1m), Stats., requires a hearing to...

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