Section 26-17-10

Jurisdiction; venue; where complaint filed; process; conduct of hearing; jury.

(a) The causes of action provided by this chapter shall be brought in the juvenile or family court division of the district or circuit court and wherever used in this chapter the word "court" shall mean the juvenile or family court division of the district or circuit court and specifically shall include any district or circuit court judge otherwise sitting in one of these divisions.

(b) A defendant who resides in this state thereby submits to the jurisdiction of the courts of this state as to an action brought under this chapter.

(c) A person who is a nonresident of this state and 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 sexual intercourse. Jurisdiction over a nonresident may be acquired only by personal service of summons outside this state or by certified mail with proof of actual receipt.

(d) A defendant who resides in this state thereby submits to the jurisdiction of the courts of this state as to a uniform interstate family support action or a uniform reciprocal enforcement of support action filed in this state by an initiating state for the purpose of establishing paternity. If the defendant asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both parties are present at the hearing or if proof required in the case indicates the presence of either or both is not necessary, the court shall adjudicate the issue of paternity. The appropriate provisions of this chapter shall apply to such actions. Upon determination of paternity or nonpaternity, the appropriate sections of the Uniform Interstate Family Support Act or the Reciprocal State Enforcement of Duty to Support Act (§30-4-80 et seq.) shall apply.

(e) The court shall retain jurisdiction of the cause for the purpose of entering such other and further orders as changing circumstances of the parties may in justice and equity require.

(f) The complaint for paternity or nonsupport shall be filed in the county in which the child resides or the county in which the defendant resides.

(g) Process directed to the defendant shall issue forthwith requiring the defendant to file written pleadings to the complaint in the manner prescribed by appropriate court rules. Once service of process is executed, if any defendant fails to file his or her answer or otherwise appear in an action commenced under this section within the time period prescribed by law, the Alabama Rules of Civil Procedures, or as ordered by the court, the court shall enter an order of default against him or her upon proper request and proof of the allegations.

(h) The court in which the action originated shall determine both the law and the facts without the intervention of a jury.

(Acts 1984, No. 84-244, p. 375, §10; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-245, p. 398, §2; Acts 1997, No. 97-447, p. 772, §11.)