Marriage John M. Johnson v. Linda Johnson Book Reviews

Marriage John M. Johnson v. Linda Johnson by Court of Appeals of Wisconsin Book Summary

John M. Johnson, Jr., appeals a non-final order reopening a divorce judgment that had granted him custody of John M. Johnson
III, a minor. 1 Linda Johnson, John's former wife, now contends that John is not John III's biological father. The trial
court found that the parties, by their stipulation at the divorce hearing, had misrepresented the issue of paternity and therefore
ordered the judgment reopened under sec. 806.07(1)(c), Stats., or alternatively under sec. 806.07(1)(h). We reverse because
John III should have been represented by a guardian ad litem at the motion hearing on reopening the judgment. We also hold
that the trial court abused its discretion by erroneously concluding that the law precluded considering factors other than
whether fraud or misrepresentation were committed. We remand to allow the trial court to determine whether grounds exist for
reopening the judgment and, if so, whether other more important factors should result in leaving the judgment undisturbed. John and Linda were married in 1980 and divorced in 1988. Pursuant to a stipulation, John was awarded custody of the three
minor children born during the marriage. The divorce judgment stated that the children had been born to the parties. Only
John III is the subject of this appeal.

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