Terms Used In Wisconsin Statutes 767.82

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
   (1)    Appointment of guardian ad litem.
767.82(1)(a) (a) Except as provided in par. (b), the court may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a minor parent or minor who is alleged to be a parent in a paternity proceeding unless the minor parent or the minor alleged to be the parent is represented by an attorney.
      (b)    The court shall appoint a guardian ad litem for the child if s. 767.407 (1) (a) or (c) applies or if the court has concern that the child’s best interest is not being represented.
   (2)   Presumption. Presumption of paternity shall be as provided in ss. 891.39, 891.405, 891.407, and 891.41 (1).
   (2m)   Custody pending court order. If there is no presumption of paternity under s. 891.41 (1) or if paternity is conclusively determined from genetic test results under s. 767.804 (1) or acknowledged under s. 767.805 (1), the mother shall have sole legal custody of the child until the court orders otherwise.
   (3)   Time of conception; evidence. Evidence as to the time of conception may be offered as provided in s. 891.395.
   (4)   Discovery. Discovery shall be conducted as provided in ch. 804, except that no discovery may be obtained later than 30 days before the trial. No discovery may solicit information relating to the sexual relations of the mother occurring at any time other than the probable time of conception.
   (5)   Statute of limitations. The statute of limitations for commencing actions concerning paternity is as provided in s. 893.88.
   (6)   Arrest. The respondent in a paternity action may be arrested as provided in s. 818.02 (6).
   (7)   Appointment of trustee or guardian. The court may appoint a trustee or guardian to receive and manage money paid for the support of a minor child.
   (7m)   When action has priority. The court shall give priority to an action brought under s. 767.80 if the petition under s. 767.80 (5) indicates that the matter was referred under s. 48.299 (6) (a) or 938.299 (6) (a) by a court assigned to exercise jurisdiction under chs. 48 and 938.
   (8)   Procedures applicable to other matters in action. In all other matters, paternity proceedings shall be governed by the procedures applicable to other actions affecting the family.