R. (T. D.) VS. R. (V. L.)
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RENDERED: OCTOBER 30, 2009; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2008-CA-002366-ME
T.D.R.
v.
APPELLANT
APPEAL FROM MCCRACKEN CIRCUIT COURT
FAMILY COURT DIVISION
HONORABLE CYNTHIA E. SANDERSON, JUDGE
ACTION NO. 08-J-00511
V.L.R.
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE: CAPERTON AND TAYLOR, JUDGES; LAMBERT,1 SENIOR
JUDGE.
TAYLOR, JUDGE: T.D.R. brings this pro se appeal from a December 2, 2008,
order of the McCracken Circuit Court, Family Court Division (family court),
dismissing his paternity action without prejudice. We affirm.
1
Senior Judge Joseph Lambert sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes
21.580.
T.D.R. and V.L.R. were married in Lyon County in April of 2008.
V.L.R. gave birth to a daughter, A.A.N., on August 29, 2008. On November 12,
2008, while incarcerated at the Kentucky State Penitentiary in Eddyville, T.D.R.
filed a pro se petition in the McCracken Circuit Court, Family Court Division, to
establish paternity of A.A.N. T.D.R. alleged in the petition that V.L.R. had
engaged in an extramarital relationship and that he desired to establish paternity.
T.D.R. further alleged that V.L.R. and A.A.N. were residing in McCracken
County.
On December 2, 2008, the family court entered an order dismissing
T.D.R.’s petition for improper venue. The court found “that the parties do not
reside in McCracken County and this Court is not the proper venue.” This appeal
follows.
T.D.R. contends that the family court erred by dismissing his petition
for improper venue. For the reasons hereinafter stated, we disagree.
Under Kentucky Revised Statutes (KRS) 406.151, an action to
establish paternity may be instituted in the county where the alleged father resides
or his property is located or in the county where the mother resides. In T.D.R.’s
appellate brief, he admits that V.L.R., the mother, no longer resided in McCracken
County but rather resided in Hickman County. Additionally, it was undisputed that
T.D.R. was incarcerated in Eddyville State Penitentiary located in Lyon County.2
2
It should also be noted that T.D.R. has not alleged he owns any property located in McCracken
County, Kentucky.
-2-
A circuit court’s determination of venue will not be disturbed “absent
an abuse of discretion.” Lancaster v. Lancaster, 738 S.W.2d 116, 177 (Ky. App.
1987). As neither T.D.R. nor V.L.R. presently resides in McCracken County, we
cannot say the family court abused its discretion by dismissing, without prejudice,
the petition for improper venue. Of course, under KRS 452.105, the family court
could have transferred the case to the court with proper venue, upon a motion by
one of the parties. No such motion was filed in this case.
For the foregoing reasons, the order of the McCracken Circuit Court,
Family Court Division is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
NO BRIEF FOR APPELLEE
T.D.R., Pro Se
Eddyville, Kentucky
-3-
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