Odd S.-G. v. Carolyn S.-G.

The majority opinion, like the court of appeals decision, begins with the assumption that sec. 48.415, Stats. 1993-94, creates a rebuttable presumption. In other words, both opinions determine that if the petitioner proves the elements set forth in sec. 48.415(l)(a)l, 2, or 3, abandonment must be presumed unless rebutted.

Cally argues that sec. 48.415 "does not create a presumption. Instead, the presumption was created by the Court of Appeals in Interest of T.P.S., [168 Wis. 2d 259, 483 N.W.2d 591 (Ct. App. 1992)]." I agree with Cally that sec. 48.415 does not create a presumption.

First, the…