Rhode Island Family Court can properly exercise subject matter jurisdiction of Paternity Cases under RIGL 15-8-7 which is set forth below. If you need a paternity attorney in Rhode Island call RI paternity lawyer, David Slepkow Pursuant to 15-8-7 the act of sexual intercourse in Rhode Island gives the Rhode Island Court Jurisdiction if the child may have been conceived by that sex.
Rhode Island Family Court can also get personal jurisdiction over an out of state Defendant pursuant to the terms of the Uniform Interstate Family Support Act RIGL 15-23.1 set forth below.
§ 15-8-7 Jurisdiction and remedies. – (a) The family court has jurisdiction of an action commenced under §§ 15-8-1 – 15-8-26, and all remedies for the enforcement of orders for the expense of pregnancy and confinement for the mother, and for education, necessary support and maintenance, or funeral expenses for legitimate children shall apply. The court has continuing jurisdiction to modify or revoke an order and to increase or decrease amounts fixed by order for future education and necessary support and maintenance. All remedies under the Uniform Interstate Family Support Act, §§ 15-23.1-101 – 15-23.1-903, are available for enforcement of duties of support and maintenance under §§ 15-8-1 – 15-8-26.
(b) A person who has had sexual intercourse in this state submits to the jurisdiction of the courts of this state as to any action with respect to a child who may have been conceived by that act of intercourse. In addition, the court may exercise jurisdiction over a nonresident individual pursuant to § 15-23.1-201. Jurisdiction shall be acquired by service made in accordance with § 9-5-33.
Rhode Island has enacted the Uniform Interstate Family Support Act (UIFSA):
§ 15-23.1-201 Bases for jurisdiction over nonresident. [Contingent effective date; see note.]. – (a) In proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:
(1) The individual is personally served within this state pursuant to the Rules of Domestic Relations;
(2) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided prenatal expenses or support for the child;
(5) The child resides in this state as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7) The individual acknowledged parentage of a child by completing an affidavit of paternity signed by both parents; or
(8) There is any other basis consistent with the constitutions of this state, and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of § 15-23.1-611 or, in the case of a foreign support order, unless the requirements of § 15-23.1-615 are met.
History of Section.
(P.L. 1997, ch. 170, § 15; P.L. 2006, ch. 69, § 2; P.L. 2006, ch. 76, § 2; P.L. 2011, ch. 243, § 1; P.L. 2011, ch. 263, § 1.)