767.883 Trial.
(1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father is or is not the father of the mother's child, but if the child was born to the mother while she was the lawful wife of a specified male the prior issue of whether the husband was not the father of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.
(2) Jury size; verdict. If a jury is requested under sub. (1), the jury shall consist of 6 persons. No verdict is valid or received unless agreed to by at least 5 of the jurors.
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.
A preponderance of the evidence standard of proof in paternity actions meets due process requirements. Rivera v. Minnich, 483 U.S. 574 (1987).
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.