Request By:
Mr. W. S. Greenwell
Crittenden County Attorney
The Peoples Bank Building
P.O. Box 361
Marion, Kentucky 42064
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The unwed mother of a recently born child requested that you, as county attorney, bring a paternity action in the county of her residence. The mother lives in Crittenden County, the child was born in McCracken County, and the alleged father lives in Livingston County.
You ask: Can this action be brought in the county of the mother's residence? The answer is "yes".
KRS 406.151 reads:
"An action under this chapter may be brought in the county where the alleged father is present or has property or in the county where the mother resides."
The answer to your question is that while KRS 406.021 does not address the matter of venue, KRS 406.151 does. We are of the opinion that under the express provisions of KRS 406.151 a paternity action may be brought in the county where the mother resides.
You cite the case of
Commonwealth v. Adkins, 169 Ky. 487, 184 S.W. 372 (1916), holding that venue of a bastardy proceeding is in the county where the child was born if it was born in Kentucky. However, that holding was based upon the statute then in effect containing such express venue provisions.
We believe the plain meaning of KRS 406.151 is controlling.