767.893.Default and stipulated judgments.
Subch. IX: Paternity · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.893
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. The respondent must appear personally under sub. (2) (a). An attorney’s appearance is insufficient. Kathryn B. v. Sheldon S., 173 Wis. 2d 864, 496 N.W.2d 711 (Ct. App. 1993).
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. 447; 1987 a. 27, 403, 413; 1989 a. 31, 56, 212; 1993 a. 481; 1995 a. 100; 1997 a. 191; 2001 a. 61; 2005 a. 443 ss. 203 to 205, 262; Stats. 2005 s. 767.893.
Plain-English Summary
Most paternity cases end without a trial, and this section governs the two ways that happens.
When the petitioner does not show. If a petitioner other than the state fails to appear and plead on the day set for the pretrial hearing or trial, or the state is the petitioner and cannot proceed, the court may dismiss the action.
When the mother does not show. The court may nevertheless adjudicate the alleged father, or a man alleging himself to be the father, to be the father, if there is sufficient evidence to establish him as such.
When the respondent does not show. If the alleged father fails to appear at the first appearance, a scheduled court-ordered genetic test, the pretrial hearing or the trial, the court shall adjudicate him the father and make orders for support, custody and placement, served or mailed to his last-known address. There is a guard: no default judgment where more than one man is alleged in the petition to be the father, unless only one of them failed to appear and all the others have been excluded, or the one who failed to appear has test results putting him at 99.0 percent or higher.
By stipulation. At any time after service, an alleged father may — with or without appearing, and subject to the court's approval — acknowledge in writing that he has read and understands the notice to parties, and stipulate that he is the father and to support, custody and placement. The court may not approve a support stipulation unless it is calculated in the required manner. On approval, judgment and orders follow; they take effect at once if he stipulated to that, and otherwise 30 days after service or mailing unless within that time he shows good cause why they should not.
Reopening. A default judgment, or a stipulated one where the parties never appeared personally at least once, may be reopened at any time for good cause shown, on a motion under the general relief-from-judgment statute, or within one year on motion or petition — though a respondent may not use that last route on more than one default judgment or more than one stipulated judgment in a case. An appeal from a refusal to reopen goes to the court of appeals.
Frequently Asked Questions
What happens if I do not show up to a Wisconsin paternity hearing?
If you are the alleged father and fail to appear at the first appearance, a scheduled court-ordered genetic test, the pretrial hearing or the trial, the court shall adjudicate you to be the father and make orders for support, custody and placement.
Can a default paternity judgment be reopened?
Yes — at any time for good cause shown, on a motion under the general relief-from-judgment statute, or within one year on motion or petition, though not more than once per default or stipulated judgment under that last route.
Can there be a default against one of several alleged fathers?
Only if just one of them failed to appear and all the other male respondents have been excluded, or the one who failed to appear has genetic test results showing a statistical probability of 99.0 percent or higher.
When do stipulated orders take effect?
On entry if the respondent stipulated to that; otherwise 30 days after service or mailing, unless within that time he presents evidence of good cause why they should not take effect.