2009 WI App 33, 316 Wis. 2d 479, 765 N.W.2d 865 (WI Ct. App., 2009)
Trial court did not err in finding that marital presumption was overcome where (a) husband had abandoned the child (b) bio-dad never requested evidentiary hearing on best interests and under Wis. Stats. §767.863(2), ordering tests was mandatory. Equitable estoppel does not apply as the only detriment asserted is to the father’s financial interests, not to the girl’s interests. Also, it was not error for the trial court to deny bio-dad’s motion to intervene in the divorce action. Generally, third persons should not be able interject themselves into a divorce to advance their own parochial interests.
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