767.883.Trial.
Subch. IX: Paternity · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.883
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 s. 10; Stats. 1979 s. 767.50; 1983 a. 27, 447; 1987 a. 27, 355, 403; 1993 a. 481; 2001 a. 38; 2005 a. 443 ss. 214m, 260; Stats. 2005 s. 767.883.
Plain-English Summary
Two parts. The first deals with the determination of paternity; the second with child support, legal custody, placement and related issues. The main issue in the first part is whether the alleged or presumed father is the father — except that where the child was born while the mother was another man's lawful wife, the prior question of whether the husband was not the father is decided first.
The jury. Only the first part may be tried to a jury, and only if the defendant asks — verbally at the initial appearance or the pretrial hearing, or in writing before the pretrial hearing. The jury consists of 6 persons, and no verdict is valid unless at least 5 of them agree. The court may, and on a timely request must, direct a special verdict on the issues — but the findings the judgment section requires are always the court's own.
If the mother drops out. If she dies, becomes insane, cannot be found within the jurisdiction, or simply fails to commence or pursue the action, the proceeding does not abate so long as one of the people entitled to bring the action moves to continue it. Her testimony from the pretrial hearing may then be read in evidence if it is competent, relevant and material.
The second part is heard by the court, either immediately after the first or at a later hearing.
Frequently Asked Questions
Is there a jury in Wisconsin paternity cases?
Only on the paternity question, and only if the defendant requests one verbally at the initial appearance or pretrial hearing, or in writing before the pretrial hearing.
How big is the jury?
6 persons, and no verdict is valid or received unless agreed to by at least 5 of them.
What happens if the mother stops pursuing the case?
The proceeding does not abate if any of the people entitled to bring the action moves to continue it, and her pretrial testimony may be read in evidence if competent, relevant and material.
Are support and custody decided by the jury?
No. Child support, custody, visitation and related issues are determined by the court, either immediately after the first part of the trial or at a later hearing.