767.82.Paternity procedures.
Subch. IX: Paternity · Last amended 2019 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.82
Official Notes
Wisconsin prints certain labelled notes with the statute — effective-date notes, cross-references, and notes of the Judicial Council. They are reproduced verbatim below. The unlabelled digest of court decisions that the Legislative Reference Bureau prints after them is annotation rather than statute, and is not reproduced.
NOTE: 2005 Wis. Act 443 contains explanatory notes. A trust under sub. (7) is not restricted to cases in which the custodial parent is a spendthrift. Mary L.O. v. Tommy R.B., 189 Wis. 2d 440, 525 N.W.2d 793 (Ct. App. 1994). Affirmed in part and reversed in part. 199 Wis. 2d 186, 544 N.W.2d 417 (1996), 931929.
Amendment History
Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.
History: 1979 c. 352; 1981 c. 391; 1983 a. 447; 1989 a. 212; 1993 a. 481; 1995 a. 275; 1997 a. 191; 1999 a. 9; 2005 a. 443 ss. 208, 247; Stats. 2005 s. 767.82; 2019 a. 95.
Plain-English Summary
A short section doing a lot of work, mostly by pointing elsewhere.
Guardians ad litem. The court may appoint one for the child, and shall appoint one for a minor parent or a minor alleged to be a parent unless that minor has an attorney. It must appoint one for the child in the cases the guardian ad litem section requires, or whenever it has concern that the child's best interest is not being represented.
Interim custody. Where there is no marital presumption of paternity, or where paternity was conclusively determined by genetic test or acknowledgment, the mother has sole legal custody until the court orders otherwise. That default matters: it means there is never a gap in which nobody can decide anything for the child.
Discovery, and its limits. Ordinary civil discovery applies, with two restrictions. None may be obtained later than 30 days before the trial. And no discovery may seek information about the mother's sexual relations at any time other than the probable time of conception — a rule about dignity as much as relevance.
The rest. Presumptions of paternity, evidence of the time of conception, the limitation period and arrest of the respondent are all governed by provisions outside this chapter. The court may appoint a trustee or guardian to receive and manage support money. Actions referred from children's court get priority. And in everything else, a paternity proceeding follows the procedure for other actions affecting the family.
Frequently Asked Questions
Who has custody while a Wisconsin paternity case is pending?
The mother has sole legal custody until the court orders otherwise, where there is no marital presumption of paternity or where paternity was conclusively determined by genetic test or acknowledgment.
When does discovery close in a paternity case?
No discovery may be obtained later than 30 days before the trial.
Can the mother be questioned about other relationships?
No discovery may solicit information relating to the mother's sexual relations occurring at any time other than the probable time of conception.
Does a minor parent get a guardian ad litem?
Yes. The court shall appoint one for a minor parent or a minor alleged to be a parent unless that person is represented by an attorney.