J.F. v. R.B.

J.F. appeals an order dismissing his paternity action to declare him the father of T.R.B. (D.O.B. Nov. 10,1986).1 The child's mother was married to another man at the time of conception, and remained so thereafter. The circuit court dismissed J.F.'s paternity claim without reaching the merits on grounds that the action is not in the best interests of the child. We hold that sec. 767.458(lm), Stats., requires a hearing to determine the child's best interests.2 We therefore reverse and *639remand for further proceedings.

After filing the paternity action, J.F. requested that blood tests be ordered…