for support of the child and for pregnancy-
and birth-related expenses of the child's mother.
Upon the filing of a Claim of Paternity, the
court shall schedule a hearing to be held
within fifteen days of such filing. The
court may at such hearing enter such temporary
orders relating to the care, custody, and
support of the child as the court finds to
be reasonable and necessary.
A proceeding for adoption of the child shall
be abated pending resolution of the putative
father's suit for formal recognition of
parental rights. The court may, in its
discretion, abate the proceedings for termination
of the parent-child relationship pending
resolution of the putative father's suit
for recognition of parental rights, consolidate
the termination and recognition of parental
rights suits, or, if sufficient grounds for
termination of the parent-child relationship
have been pleaded against the putative father,
proceed with the termination suit without
first adjudicating the recognition of parental
rights issue.
Original Jurisdiction of Suit for Termination
of the Parent-Child Relationship
A court has original jurisdiction of a suit for
termination of the parent-child relationship,
whether or not the child is physically present
in the state, only if one of the following
conditions is met:
(A) is the principal residence of the child
at the time the proceeding is commenced; or
is, if the child has not been born
at the time the proceeding is commenced,
the principal residence of a birth
parent of the child; or
(C) was the principal residence of the child
at any time during the six-month period
before the proceeding was commenced,
and a parent, legal custodian, or guardian
of the child resides in this state at
the time the proceeding is commenced; or
(A) the child and the child's parents or the child and at least one contestant have
a significant connection with this state and there is available in this state substantial evidence concerning the child's present or future care, protection, training and personal relationships; or
the child is physically present in this
state and there is a serious immediate
question concerning the welfare of the
child; or
it appears that no other state would
have jurisdiction under prerequisites
substantially in accordance with this
Section, or another state has declined
to exercise jurisdiction on the ground
that this state is the more appropriate
forum to determine issues concerning
the child.
The physical presence in this state of the child
or of the child and one of the contestants is alone
insufficient to confer jurisdiction on the court
of a suit for termination of the parent-child
relationship.
Acquiring Jurisdiction Over Non-Resident
In a suit for termination of the parent-child re-
lationship brought pursuant to this Act, the
court may exercise jurisdiction over a person
on whom service is required or over the person's
personal representative, although the person is
not a resident or domiciliary of this state, if:
(1) The child was conceived in this state and
the person on whom service is required is
a parent, alleged parent, or putative father
of the child;
The child resides in this state as a result
of the acts or directives or with the approval
of the person on whom service is required;
The person on whom service is required has
resided with the child in this state;
If the child has not been born or is under the
age of six months at the time the proceeding
is commenced, the birth mother resided in this
state at the time of the child's conception and
the person on whom service is required is a
putative father of the child;
The person on whom service is required is a
putative father of the child, the putative father
has been served with a Declaration of Intent to
Terminate Rights pursuant to Section 303 of this
Act, and, within thirty days of the receipt of
the Declaration, the putative father has not
affirmatively challenged the jurisdiction of
the court or provided the court with satisfactory
evidence that prior proceedings for formal
recognition of his parental rights are pending
in another court having jurisdiction over the
child; and
Notwithstanding subdivisions (1), (2), (3),
(4), or (5) above, there is any basis con-
sistent with the constitutions of this state
or the United States for the exercise of
personal jurisdiction over the person on
whom service of citation is required.
A special appearance in a suit for termination
of the parent-child relationship brought pursuant
to this Act may be made by any party either in
person or by attorney for the purpose of objecting
to the jurisdiction of the court over his person
on the ground that such party is not amenable to
process issued by the courts of this state. Such
special appearance shall be made by sworn motion
filed prior to any other plea, pleading, or motion;
provided, however, that any other plea, pleading,
or motion may be contained in the same instrument
or filed subsequent thereto without waiver of such
special appearance; and may be amended to cure de-
fects. The issuance of process for witnesses, the
taking of depositions, the serving of requests for
admissions, and the use of discovery processes
shall not constitute a waiver of such special
appearance. Every appearance, prior to judgment,
not in compliance with this subsection is a general
appearance and shall subject the party to the
jurisdiction of the court.
Section 306. Venue; Transfer
(a) A petition for voluntary termination of parental
rights may be filed where the petitioner resides
or is in military service, where the child resides
or where the child is otherwise located.
A petition for involuntary termination of parental rights may be filed:
Where the parent or putative father who is
the subject of the petition resides, is in
military service, or is otherwise located;
Where the child resides or is otherwise
located; or
Where the petitioner resides, if the petitioner
is a parent, guardian or legal custodian
of the child, an authorized adoption agency,
or a public or voluntary child-placing or
child-caring agency having responsibility
for the child.
If the child is subject to the continuing jurisdic-
tion of a court, the petition shall be filed in
that court unless:
Such court affirmatively authorizes the filing of the petition with another court; or
The court is a court outside this state and the child's legal custodian and the child have established and have continued to maintain their principal residence in this state during the six month period immediately preceding the filing of the petition.
If the court in which the petition is filed finds,
in the interest of substantial justice, that the
matter should be heard în another forum, the court
may transfer, stay, or dismiss the proceedings in
whole or in part on any conditions that are just.
Section 307. Petition for Termination of the Parent-Child
Relationship
The petition and all other documents in a suit for
termination of the parent-child relationship brought
pursuant to this Act shall be styled "In the
Interest of
A Child."
The petition must include:
A statement setting forth the basis for the jurisdiction of the court, together with a statement identifying each court which has previously exercised jurisdiction over the child or a statement that no court has previously exercised jurisdiction over the child;
The full name, address, and date of birth of the petitioner and the nature of the relationship between petitioner and the child;
The name, sex, place and date of birth, and place of residence, or expected date and place of birth, of the child who is the subject of the suit;
The name, age, and place of residence of each parent of the child, if known, and if unknown, the reason therefor;
The name and place of residence of each putative father of the child, if known, and, if unknown, the reasons therefor; or a statement that the rights of such putative father have been terminated or disclaimed;
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