COURT OF APPEALS DECISION DATED AND RELEASED September 12, 1995 |
NOTICE |
A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and
Rule 809.62, Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
No. 95-1997
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT III
IN RE THE PATERNITY OF
COURTNEY R. B.,
A PERSON UNDER THE AGE
OF 18:
RYAN A.,
Petitioner-Appellant,
v.
WRIGHT C. LAUFENBERG,
AS GUARDIAN
AD LITEM FOR COURTNEY
R. B. AND
WENDY R. B., AND STATE
OF WISCONSIN,
Respondents-Respondents.
APPEAL from an order of
the circuit court for Lincoln County:
J. MICHAEL NOLAN, Judge. Affirmed.
MYSE, J. Ryan A. appeals an order
dismissing his petition to terminate his parental rights to a child born to
Wendy R. B. Ryan contends that the
trial court erred when it concluded that he lacked standing to petition for the
termination of his parental rights over the child because he did not fit the
definition of parent in ch. 48, Stats. In addition, Ryan contends that Wendy was
not entitled to notice of his petition to terminate parental rights because the
child was born as a result of a sexual assault based on Ryan being under the
age of sixteen years at the time of conception. Ryan further contends that the State of Wisconsin should not be
permitted to intervene in the action to terminate his parental rights. Because this court concludes that Ryan had
no standing to petition to terminate his parental rights, the order of
dismissal is affirmed.
This case arises as a
result of Ryan's petition to terminate his parental rights to Courtney R. B., a
child born to Wendy R. B. At the time
of conception, Ryan was fifteen years old and Wendy had just passed her
seventeenth birthday. They had dated in
high school and had consensual sexual intercourse on two occasions while
dating. However, because Ryan was under
the age of sixteen at the time of intercourse, Wendy had committed a sexual
assault as defined by § 948.02(2), Stats.
A paternity action was
filed against Ryan, and blood tests indicate a probability of paternity of
99.9%. The paternity action remains
pending, with Ryan denying his paternity at the time he petitioned to terminate
his parental rights to Courtney.
The sole dispositive
issue is whether Ryan had standing to terminate his parental rights when he had
neither been adjudicated the father of the child nor had he admitted that he
was the biological father. This issue
requires interpretation of ch. 48, Stats. Statutory interpretation is a question of
law that we review without deference to the trial court. Kluth v. General Cas. Co., 178
Wis.2d 808, 815, 505 N.W.2d 442, 445 (Ct. App. 1993).
Section 48.42(1), Stats., provides:
"A proceeding for the termination of parental rights may be
initiated by petition which may be filed by the child's parent, an agency or
person authorized to file a petition under 48.25 or 48.835." The word "parent" is subsequently
defined in § 48.02(13), Stats.,
as follows:
"Parent"
means either a biological parent, a husband who has consented to the artificial
insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is
not adopted or whose parents do not subsequently intermarry under s. 767.60,
"parent" includes a person adjudged in a judicial proceeding to be
the biological father.
"Parent" does not include any person whose parental rights
have been terminated.
The
clear and unambiguous language of the two statutes provides that a parent may
file a petition to terminate parental rights, but a parent, as relevant to this
case, has been defined by statute to be either a biological parent or a person
adjudged in a judicial proceeding to be the biological father. Ryan argues that he is the biological father
because of the overwhelming evidence of paternity, including the blood test,
which establishes a 99.9% probability of paternity. Ryan reasons that because biological paternity is established by
compelling evidence, he has standing to file a petition to terminate his
parental rights. The problem with
Ryan's analysis is that he has continued to deny biological paternity both at
the paternity proceedings and in the petition to terminate his parental
rights.
Wendy contends that for
Ryan to be a biological father within the meaning of the statute there must be
an adjudication that he is the biological father. This court need not go so far in its analysis. Because Ryan does not admit he is the
biological father and there has been no adjudication of paternity, he fails to
meet the definition of parent as set forth in the relevant Wisconsin
statutes. This court therefore
concludes that Ryan has no standing to petition to terminate his parental
rights to Courtney.
Because this court
concludes that the trial court's order dismissing Ryan's petition is correct,
it need not address Ryan's other issues.
See Gross v. Hoffman, 227 Wis. 296, 300, 277 N.W.
663, 665 (1938) (only dispositive issue need be addressed). This court will defer consideration of these
issues until they are ripe for determination.
By the Court.—Order
affirmed.
This opinion will not be
published. Rule 809.23(1)(b)4, Stats.