State v. Wilborn (In re A.M.W.)
State v. Wilborn (In re A.M.W.)
Opinion of the Court
¶ 1 Javier Yera appeals the circuit court's order denying his motion to reopen and join A.M.W.'s paternity action. Yera argues: (1) the circuit court should have granted his motion to intervene brought pursuant to WIS. STAT . § 803.09 (2015-16)
¶ 2 A.M.W. was born to Courtney Wilborn on December 6, 2002. On February 7, 2003, by petition of the State, Travis Williams was adjudicated A.M.W.'s father by default. Since A.M.W.'s birth, Williams has been an actively involved father. In 2016, Yera moved to reopen and join the paternity action decided thirteen years earlier, arguing that he believed himself to be A.M.W.'s biological father. Wilborn and Williams both opposed the motion. The circuit court appointed a guardian ad litem , who also opposed the motion. After briefing and several hearings, the circuit court denied Yera's petition.
¶ 3 Yera first argues that the circuit court erred in denying his motion to intervene brought pursuant to WIS. STAT . § 803.09. As it relates to this case, that statute allows intervention as a matter of right if disposition of the action affects the intervenor's ability to protect his or her interest in the action and the motion is timely made. See Olivarez v. Unitrin Prop. & Cas. Ins. Co. ,
¶ 4 The circuit court ruled that Yera had the right to intervene in the paternity judgment entered February 7, 2003, because the paternity judgment affected his ability to protect his parental interests. However, the court concluded that Yera's motion to intervene was not timely because he brought it nearly fifteen years after he learned that he may have an interest in A.M.W.'s paternity judgment. The circuit court found that Yera has believed that he may be A.M.W.'s biological father since shortly after the time she was born. The circuit court also found that Yera has known since 2010 that he had a claim of paternity based on genetic testing. The circuit court considered Yera's explanation that he did not seek relief sooner because he was in ill health and he lived outside Wisconsin for a period of time, but the circuit court concluded that those reasons did not justify Yera's lengthy delay in moving to intervene in and reopen the paternity judgment. Because the circuit court considered the appropriate law and applied the law to the facts of this case, the circuit court properly exercised its discretion in concluding that the motion to intervene under WIS. STAT . § 803.09(2) was not timely.
¶ 5 Yera next argues that the circuit court should have granted his request for permissive joinder under WIS. STAT . § 803.04, which provides that "[a]ll persons may join in one action" as either plaintiffs or defendants in certain circumstances.
¶ 6 Thirdly, Yera argues that the circuit court should have granted him relief from the paternity judgment under WIS. STAT . § 806.07(1). That statute allows the circuit court to reopen judgments or orders in certain circumstances. It provides: "[o]n motion and upon such terms as are just, the court ... may relieve a party ... from a judgment."
¶ 7 The default judgment should be reopened under WIS. STAT . § 767.893(3) according to Yera's fourth argument. That statute allows a default paternity judgment to be reopened for good cause. See
¶ 8 Finally, Yera argues that the circuit court erroneously exercised its discretion in requiring him to pay all of the guardian ad litem fees. He contends that he should not be responsible for all of the fees because he is of limited means. Yera has not adequately developed this argument. See State v. Pettit ,
By the Court .-Order affirmed.
This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)5.
All references to the Wisconsin Statutes are to the 2015-16 version unless otherwise noted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.