(1) The attorney shall commence a court action to establish paternity for all cases except those meeting the criteria for exclusion in s. DCF 151.04, unless:
- (a) The mother opposes the establishment of paternity because of the risk of physical or emotional harm to the child or herself; or
- (b) The caretaker relative opposes the establishment of paternity because of the risk of physical or emotional harm to the child or the caretaker relative.
- (2) If there is a dispute between the attorney and the mother about commencing a paternity action or the seriousness of the risk of physical or emotional harm, the attorney shall petition the court for appointment of a guardian ad litem to determine whether it would be in the best interests of the child to determine paternity.
History
History: Cr. Register, August, 1989, No. 404, eff. 9-1-89; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.