Personal Jurisdiction In Declaring Biological Father
A summary judgment was entered declaring X to be the biological father of the child.
A child support judgment was entered for ongoing child and judgment for child support arrearages calculated from the child's birth. No prior child support orders had been entered.
A prior appeal filed by father was dismissed without prejudice for lack of a final order.
Relying on 19-4-109(2), C.R.S. 1999, father first asserts that the trial court lacked personal jurisdiction over him since the child was not conceived by acts of sexual intercourse in the state of Colorado.
Personal service upon a natural person within the forum state enables that state to exercise personal jurisdiction over the party served and satisfies due process requirements. Burnham v. Superior Court, 495 U.S. 604, 110 S. Ct. 2105, 109 L. Ed. 2d 631 (1990); In re Custody of Nugent, 955 P.2d 584 (Colo. App. 1997).
Here, father was served in the state of Colorado, where both mother and the child resided. Accordingly, the court had personal jurisdiction to determine the issues of paternity and child support, even if father did not have sexual intercourse in Colorado to conceive the child so as to afford personal jurisdiction under 19-4-109(2).