767.83.Right to counsel.

Subch. IX: Paternity · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.83 appoints counsel for an indigent male respondent in a state-brought paternity case, but only after genetic tests come back neither excluding him nor raising the presumption.

Full Text of Section 767.83

Text sizeJump to: (1) (2) (2m) (3)

(1) GENERALLY. At the pretrial hearing, at the trial, and in any other proceedings in any paternity action, any party may be represented by counsel. If the male respondent is indigent and the state is the petitioner under s. 767.80 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.80 (6), or the action is commenced on behalf of the child by an attorney appointed under s. 767.407 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

(2) EXTENT OF APPOINTED ATTORNEY’S REPRESENTATION. An attorney appointed under sub. (1) who is appearing on behalf of a party in a paternity action shall represent that party, subject to the limitations under sub. (2m), in all issues and proceedings relating to the paternity determination. The appointed attorney may not represent the party in any proceeding relating to child support, legal custody, periods of physical placement or related issues.

(2m) WHEN APPOINTED REPRESENTATION PROVIDED. Representation by an attorney appointed under sub. (1) shall be provided only after the results of any genetic tests have been completed and only if all of the results fail to show that the alleged father is excluded and fail to give rise to the rebuttable presumption under s. 767.84 (1m) that the alleged father is the father of the child.

(3) APPEARANCE BY STATE’S ATTORNEY NOT AFFECTED. This section does not prevent an attorney responsible for support enforcement under s. 59.53 (6) (a) or any other attorney employed under s. 49.22 or 59.53 (5) from appearing in any paternity action as provided under s. 767.80 (6).

End

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; 1983 a. 27; 1987 a. 355; 1989 a. 31; 1993 a. 16, 481; 1995 a. 27, 100, 201, 404; 1997 a. 35, 191; 2005 a. 443 ss. 221, 248; Stats. 2005 s. 767.83.

Plain-English Summary

Any party may be represented by counsel at the pretrial hearing, at the trial, and in any other proceeding in a paternity action. The question this section answers is when the state pays for it.

When counsel is appointed. Where the male respondent is indigent and the state is the petitioner, or a government attorney represents the petitioner, or the action was commenced for the child by an appointed attorney, counsel shall be appointed for the respondent — unless he knowingly and voluntarily waives it.

But not yet. Representation is provided only after the results of any genetic tests are in, and only if all the results fail to exclude the alleged father and fail to raise the rebuttable presumption that he is the father. The logic is uncomfortable but coherent: if the tests exclude him the case is over, and if they put him past the presumption threshold there is nothing for appointed counsel to litigate on the paternity question. Counsel is for the genuinely uncertain middle.

How far it goes. An appointed attorney represents the party in all issues and proceedings relating to the paternity determination, and may not represent him on child support, legal custody, physical placement or related issues. The appointment covers whether he is the father, not what follows from it.

Nothing in the section stops the attorney responsible for support enforcement, or another attorney employed by the county or the department, from appearing.

Frequently Asked Questions

Will Wisconsin appoint a lawyer for me in a paternity case?

If you are an indigent male respondent and the state or a government attorney is on the other side, counsel shall be appointed — but only after genetic tests come back neither excluding you nor giving rise to the rebuttable presumption of paternity.

Why do I have to take the test first?

Representation is provided only after the results of any genetic tests are complete and only if all of them fail to exclude the alleged father and fail to raise the presumption.

Does the appointed lawyer handle custody and support too?

No. The appointed attorney represents the party in all issues relating to the paternity determination and may not represent the party in any proceeding relating to child support, legal custody, periods of physical placement or related issues.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.83), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: free lawyer paternity case Wisconsinappointed counsel paternity767.83 right to counsel