J.A.S. v. Hon. Lisa O. BushelmanAnnotate this Case
Appellant, a mother of an infant child, appealed a decision denying her petition for a writ of prohibition where she sought the writ to bar appellee from proceeding with the adjudication of an action filed in family court by real party in interest, C.H.E., to determine the paternity of the child. At issue was whether the trial court had subject matter jurisdiction over a claim brought under KRS Chapter 406 to establish the paternity of a child born to a married woman and conceived while she maintained sexual relations with her husband. The court held that the allegations of C.H.E.'s pleadings were supported as a preliminary matter by evidence that satisfied the jurisdictional threshold of KRS Chapter 406 and vested him with standing as a putative father under KRS 406.021 with the right to plead and an opportunity to prove that he was the father of the child. The court also held that the trial court was acting within its subject matter jurisdiction and properly denied appellant's motion to dismiss. Accordingly, the court affirmed the denial of appellant's petition for a writ of prohibition.