767.83 Right to counsel.
(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).
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.
A paternity respondent does not have a constitutional right to effective assistance of counsel. A paternity action is not a criminal prosecution. Paternity of P.L.S., 158 Wis. 2d 712, 463 N.W.2d 403 (Ct. App. 1990).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 767 - Actions affecting the family.
767.041 - Full faith and credit; comity.
767.055 - Uniform Divorce Recognition Act.
767.105 - Information from the office of family court commissioner.
767.117 - Prohibited acts during pendency of action.
767.127 - Financial disclosure.
767.13 - Impoundment of record.
767.16 - Circuit court commissioner or law partner; when interested; procedure.
767.18 - Actions to affirm marriage.
767.201 - Civil procedure generally governs.
767.205 - Parties; title of actions.
767.215 - Initiating action; petition and response.
767.217 - Notice to Child Support Program.
767.225 - Orders during pendency of action.
767.235 - Trial or hearing on judgment.
767.241 - Award of attorney fees and other fees and costs.
767.251 - Content, preparation, and approval of judgment.
767.264 - Dismissal; vacation; substitution or withdrawal of attorney.
767.273 - Allowances pending appeal.
767.281 - Filing procedures and orders for enforcement or modification of judgments or orders.
767.301 - Residence requirements.
767.315 - Grounds for divorce and legal separation.
767.323 - Suspension of proceedings to effect reconciliation.
767.331 - Actions for certain interspousal remedies.
767.333 - Initial orders based on stipulation prior to judgment.
767.335 - Waiting period for final hearing or trial.
767.34 - Court-approved stipulation.
767.35 - Judgment of divorce or legal separation.
767.36 - Copies of judgment to parties.
767.375 - Effect on transfers at death.
767.385 - Maintenance, legal custody, and support when divorce or separation denied.
767.401 - Educational programs and classes.
767.405 - Family court services.
767.407 - Guardian ad litem for minor children.
767.41 - Custody and physical placement.
767.43 - Visitation rights of certain persons.
767.44 - Prohibiting visitation or physical placement if a parent kills other parent.
767.451 - Revision of legal custody and physical placement orders.
767.461 - Revisions agreed to by stipulation.
767.471 - Enforcement of physical placement orders.
767.481 - Relocating a child's residence.
767.501 - Actions to compel support.
767.513 - Child health care expenses.
767.521 - Action by state for child support.
767.54 - Required exchange of financial information.
767.55 - Child support: employment-related orders.
767.553 - Annual adjustments in support orders.
767.57 - Maintenance, child support, and family support payments; fees.
767.58 - Notice of change of employer, address, and ability to pay; other information.
767.59 - Revision of support and maintenance orders.
767.63 - Disposed assets may be subject to division.
767.70 - Child support enforcement: notice and service of process.
767.71 - Reconciling percentage-expressed support orders.
767.73 - Delinquent child or family support; suspension of operating privilege.
767.75 - Assignment of income for payment obligations.
767.77 - Enforcement of payment obligations.
767.78 - Enforcement; contempt proceedings.
767.80 - Determination of paternity.
767.803 - Determination of marital children.
767.804 - Genetic test results.
767.805 - Voluntary acknowledgment of paternity.
767.814 - Names on pleadings after paternity determined.
767.815 - Enlargement of time in a paternity proceeding.
767.82 - Paternity procedures.
767.84 - Genetic tests in paternity actions.
767.853 - Paternity hearings and records; confidentiality.
767.855 - Dismissal if adjudication not in child's best interest.
767.86 - Time of first appearance.
767.865 - Deceased respondent.
767.87 - Testimony and evidence relating to paternity.
767.88 - Pretrial paternity proceedings.
767.893 - Default and stipulated judgments.
767.895 - Motion to reopen judgment based on statement acknowledging paternity.