§584-8 - Jurisdiction; venue.
§584-8 Jurisdiction; venue. (a)
Without limiting the jurisdiction of any other court, the family court has
jurisdiction of an action brought under this chapter. The action may be joined
with an action for divorce, annulment, separate maintenance, or support.
(b) A person who has sexual intercourse in
this State thereby submits to the jurisdiction of the courts of this State as
to an action brought under this chapter with respect to a child who may have
been conceived by that act of intercourse. In addition to any other method
provided by statute, personal jurisdiction may be acquired by personal service
outside this State or by service by certified or registered mail, postage
prepaid, with return receipt requested.
(c) In addition to any other method of service
provided by statute or court rule, if the defendant is not found within the
circuit, service may be effectuated by registered or certified mail, with
request for a return receipt and direction to deliver to addressee only. The
return receipt signed by the defendant shall be prima facie evidence that the
defendant accepted delivery of the complaint and summons on the date set forth
on the receipt. Actual receipt by the defendant of the complaint and summons
sent by registered or certified mail shall be equivalent to personal service on
the defendant by an authorized process server as of the date of the receipt.
(d) The action may be brought in the county in
which the child, the mother, or the alleged father resides or is found or in
which the child was born or, if the father is deceased, in which proceedings
for probate of [the father's] estate have been or could be commenced.
(e) For service effectuated by registered or
certified mail, an electronic copy or facsimile of the signature of the served
individual on certified mailers provided by the United States Postal Service
shall constitute valid proof of service on the individual. [L 1975, c 66, pt of
§1; am L 1986, c 300, §1; am L 1996, c 17, §1; am L 2009, c 115, §7; gen ch
2009]
Rules of Court
Service, see HFCR rules 4, 5.
Case Notes
Subsection (d) allows a paternity action to be brought after
the death of the putative father. 99 H. 138 (App.), 53 P.3d 277.