reglab/housing_qa huggingface dataset:
WI Stat § 767.82 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.82 - Paternity procedures.

767.82  Paternity procedures. (1) Appointment of guardian ad litem.  (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.History:  1979 c. 352; 1981 c. 391; 1983 a. 447; 1989 a. 212; 1993 a. 481; 1995 a. 275; 1997 a. 191; 1999 a. 9; 2005 a. 443 ss. 208, 247; Stats. 2005 s. 767.82; 2019 a. 95.NOTE:  2005 Wis. Act 443 contains explanatory notes.A trust under sub. (7) is not restricted to cases in which the custodial parent is a spendthrift. Paternity of Tukker M.O., 189 Wis. 2d 440, 525 N.W.2d 793 (Ct. App. 1994). See also Paternity of Tukker M.O., 199 Wis. 2d 186, 544 N.W.2d 417 (1996), 93-1929.
WI Stat § 767.83 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.83 - Right to counsel.

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).
WI Stat § 767.85 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.85 - Temporary orders.

767.85  Temporary orders. (1) When required. At any time during the pendency of an action to establish the paternity of a child, if genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0 percent or higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child's health care expenses. (2)  Considerations. Before making any temporary order under sub. (1), the court shall consider those factors that the court is required to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court shall comply with the requirements of s. 767.511 (1n).History:  1997 a. 191; 1999 a. 9; 2005 a. 443 ss. 209, 252; Stats. 2005 s. 767.85.
WI Stat § 767.853 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.853 - Paternity hearings and records; confidentiality.

767.853  Paternity hearings and records; confidentiality. Any hearing, discovery proceeding or trial relating to paternity determination shall be closed to any person other than those necessary to the action or proceeding. Any record of pending proceedings shall be placed in a closed file, except that: (1)  Pending proceeding. Access to the record of any pending proceeding involving the paternity of the same child shall be allowed to all of the following:(a) The child's parents.(b) The parties to that proceeding and their attorneys or their authorized representatives.(c) If the child is the subject of a proceeding under ch. 48 or 938, all of the following:1. The court assigned to exercise jurisdiction under chs. 48 and 938 in which the proceeding is pending.2. The parties to the proceeding under ch. 48 or 938 and their attorneys.3. The person under s. 48.09 or 938.09 who represents the interests of the public in the proceeding under ch. 48 or 938.4. A guardian ad litem for the child and a guardian ad litem for the child's parent.5. Any governmental or social agency involved in the proceeding under ch. 48 or 938. (2)  Information access to department and child support agencies. The clerk of circuit court shall provide access to the record of any pending paternity proceeding to the department or any county child support agency under s. 59.53 (5) for purposes related to administering the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 and 59.53 (5), regardless of whether the department or county child support agency is a party to the proceeding. (3)  Past proceedings. Subject to s. 767.13, a record of a past proceeding is open to public inspection if all of the following apply:(a) Paternity was established in the proceeding.(b) The record is filed after May 1, 2000.(c) The record relates to a post-adjudication issue.History:  1979 c. 352; 1983 a. 447; 1985 a. 29; 1995 a. 27 s. 9126 (19); 1995 a. 201, 275, 404; 1997 a. 80, 252; 1999 a. 9; 2005 a. 443 ss. 222, 253; Stats. 2005 s. 767.853; 2007 a. 81.
WI Stat § 767.855 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.855 - Dismissal if adjudication not in child's best interest.

767.855  Dismissal if adjudication not in child's best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem, the court or supplemental court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child is not in the best interest of the child, dismiss the action with respect to the male, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male, the court or supplemental court commissioner is not required to order those genetic tests.History:  1997 a. 191; 2001 a. 61; 2005 a. 443 s. 202; Stats. 2005 s. 767.855; 2019 a. 95.Parental status that rises to the level of a constitutionally protected liberty interest does not rest solely on biological factors, but rather, is dependent upon an actual relationship with the child where the parent assumes responsibility for the child's emotional and financial needs. Stuart S. v. Heidi R., 2015 WI App 19, 360 Wis. 2d 388, 860 N.W.2d 538, 14-1487.
WI Stat § 767.86 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.86 - Time of first appearance.

767.86  Time of first appearance. The first appearance under s. 767.863 may not be held until 30 days after service or receipt of the summons and petition unless the parties agree to an earlier date.History:  1987 a. 27; 1991 a. 313; 2005 a. 443 s. 193.NOTE:  2005 Wis. Act 443 contains explanatory notes.
WI Stat § 767.865 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.865 - Deceased respondent.

767.865  Deceased respondent. (1) Who may appear. (a) The personal representative or, if there is no personal representative, a guardian ad litem appointed in accordance with par. (b) may appear for a deceased respondent whenever an appearance by the respondent is required. The summons and petition shall be served on the deceased respondent's personal representative or guardian ad litem, as the case may be, under s. 767.813 (4).(b) If the court determines that it is appropriate, the court may appoint a guardian ad litem for the deceased respondent for purposes of par. (a). Section 767.407 (3) and (5) applies to the guardian ad litem. The guardian ad litem shall represent the interests of the deceased respondent. The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order the compensation to be paid from the deceased respondent's estate. If the moneys in the estate are not sufficient to pay all or part of the compensation, the court may direct that the county of venue pay the compensation. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). (2)  Genetic tests. If genetic material is available, without undue hardship, from a deceased respondent or a relative of the deceased respondent in an action for paternity, genetic tests shall be administered in accordance with s. 767.84. There is a rebuttable presumption that exhumation of the deceased respondent's body to obtain the genetic material for testing is an undue hardship under this subsection.History:  1993 a. 481; 2005 a. 443 ss. 199, 200, 255 to 257; Stats. 2005 s. 767.865; 2013 a. 170.NOTE:  2005 Wis. Act 443 contains explanatory notes.
WI Stat § 767.883 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.883 - Trial.

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).
WI Stat § 767.895 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 767 - Actions affecting the family.|767.895 - Motion to reopen judgment based on statement acknowledging paternity.

767.895  Motion to reopen judgment based on statement acknowledging paternity. A judgment which adjudicates a person to be the father of a child and which was based upon a statement acknowledging paternity that was signed and filed before April 1, 1998, may, if no trial was conducted, be reopened under any of the following circumstances: (1) At any time upon motion or petition for good cause shown. (2) Upon a motion under s. 806.07. (3) Within one year after entry of the judgment upon motion or petition.History:  1987 a. 413; 1997 a. 191; 2005 a. 443 s. 206; Stats. 2005 s. 767.895.77.00
WI Stat § 768.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 768 - Actions abolished.|768.01 - Actions for breach of promise, alienation of affection and criminal conversation abolished.

768.01  Actions for breach of promise, alienation of affection and criminal conversation abolished. All causes of action for breach of contract to marry, alienation of affections and criminal conversation are hereby abolished, except that this section shall not apply to contracts now existing or to causes of action which heretofore accrued.History:  1971 c. 220; 1979 c. 32 s. 51; Stats. 1979 s. 768.01.This chapter does not bar actions for recovery of gifts conditioned on marriage, regardless of why the marriage did not occur. Brown v. Thomas, 127 Wis. 2d 318, 379 N.W.2d 868 (Ct. App. 1985).
WI Stat § 768.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 768 - Actions abolished.|768.02 - Purpose.

768.02  Purpose. No act hereafter done within this state shall operate to give rise, either within or without this state, to any of the causes of action abolished by this chapter. No contract to marry, which shall hereafter be made in this state, shall operate to give rise, either within or without this state, to any cause of action for breach thereof, and any such acts and contracts are hereby rendered ineffective to support or give rise to any such causes of action, within or without this state.History:  1979 c. 32 s. 51; Stats. 1979 s. 768.02.
WI Stat § 768.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 768 - Actions abolished.|768.03 - Unlawful to file or threaten actions barred.

768.03  Unlawful to file or threaten actions barred. It is unlawful for any person, either as a party or attorney, to commence, or threaten to commence, in any court in this state, any action, or to serve and file in such court or threaten to so do any process, pleading or paper, setting forth or seeking to recover a sum of money upon any cause of action abolished or barred by this chapter, whether such cause of action arose within or without this state.History:  1979 c. 32 s. 51; Stats. 1979 s. 768.03.
WI Stat § 768.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 768 - Actions abolished.|768.04 - Time for filing actions.

768.04  Time for filing actions. (1) All actions for breach of contract, now existing, to marry shall be commenced, and the process, pleading or paper setting forth the same filed, within 6 months of January 1, 1960 and, if not so commenced and filed, shall thereafter be barred. (2) Actions for alienation of affection and criminal conversation accruing upon or prior to April 12, 1972 shall be commenced, and the process, pleading or paper setting forth the same filed, within 6 months after January 1, 1972, and, if not so commenced and filed, shall thereafter be barred.History:  1971 c. 220; 1979 c. 32 s. 51; Stats. 1979 s. 768.04.
WI Stat § 768.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 768 - Actions abolished.|768.05 - Contracts executed as to such claims barred.

768.05  Contracts executed as to such claims barred. (1) All contracts and instruments of every kind, which may hereafter be executed in this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this chapter, whether such claim or cause of action arose within or without this state, are declared to be contrary to the public policy of this state and void. (2) No person shall cause, induce or procure any person to execute such contract or instrument, or to give, pay, transfer or deliver any money or thing of value in payment, satisfaction, settlement, or compromise of any such claim or cause of action, or to receive, take, or accept any such money or thing of value in such payment, satisfaction, settlement, or compromise. (3) No person, either as a party or attorney, shall commence or cause to be commenced, in any court in this state, any proceeding or action seeking to enforce or recover upon such contract or instrument, knowing it to be such, whether the same has been executed within or without this state. (4) This section shall not apply to the payment, satisfaction, settlement, or compromise of any causes of action which are not abolished or barred by this chapter, on any contracts or instruments heretofore executed, or to the bona fide holder in due course of any negotiable instrument which may be executed hereafter.History:  1979 c. 32 s. 51; Stats. 1979 s. 768.05.
WI Stat § 768.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 768 - Actions abolished.|768.06 - Actions for recovery of property procured by fraud; corroboration required.

768.06  Actions for recovery of property procured by fraud; corroboration required. Actions for the recovery of property received by one party from the other after the alleged contract to marry and before the breach thereof, which was procured by such party by his or her fraud in representing to the other that he or she intended to marry the other and not to breach the contract to marry, are not barred by this chapter; but such actions must be commenced within the time provided by s. 893.41 or be barred. The cause must be shown by affirmative proof aside from the testimony of the party seeking the recovery.History:  1979 c. 32 s. 51; 1979 c. 323 s. 23; Stats. 1979 s. 768.06.
WI Stat § 768.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 768 - Actions abolished.|768.07 - Penalty.

768.07  Penalty. Any person who violates any provision of this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.History:  1979 c. 32 s. 51; Stats. 1979 s. 768.07; 1997 a. 283; 2001 a. 109.
WI Stat § 768.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 768 - Actions abolished.|768.08 - Construction.

768.08  Construction. This chapter shall be liberally construed to effectuate the object thereof.History:  1979 c. 32 s. 51; Stats. 1979 s. 768.08.
WI Stat § 769.102 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 769 - Uniform interstate family support act.|769.102 - State tribunal and support enforcement agency.

769.102  State tribunal and support enforcement agency. (1) The courts and circuit and supplemental court commissioners are the tribunal of this state. (2) The department of children and families and county child support agencies under s. 59.53 (5) are the support enforcement agencies of this state.History:  1993 a. 326; 2001 a. 61; 2009 a. 321; 2015 a. 82 s. 12.
WI Stat § 769.103 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 769 - Uniform interstate family support act.|769.103 - Remedies cumulative.

769.103  Remedies cumulative. (1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (2) This chapter does not do any of the following:(a) Provide the exclusive method of establishing or enforcing a support order under the law of this state.(b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to legal custody or physical placement of a child in a proceeding under this chapter.History:  1993 a. 326; 2009 a. 321; 2015 a. 82 ss. 3, 12.
WI Stat § 769.105 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 769 - Uniform interstate family support act.|769.105 - Application of chapter to resident of foreign country and foreign support proceeding.

769.105  Application of chapter to resident of foreign country and foreign support proceeding. (1) A tribunal of this state shall apply subchs. I to VI and, as applicable, subch. VII, to a support proceeding that involves any of the following:(a) A foreign support order.(b) A foreign tribunal.(c) An obligee, obligor, or child residing in a foreign country. (2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of subchs. I to VI. (3) Subchapter VII applies only to a support proceeding under the convention. In such a proceeding, if a provision of subch. VII is inconsistent with subchs. I to VI, subch. VII controls. History:  2009 a. 321; 2015 a. 82 s. 12.