(a)(1)(A) Except for petitions in uncontested actions brought pursuant to sections 46b-517, 46b-531 and 46b-535, when a petition to adjudicate parentage pursuant to § 46b-489 or sections 46b-495 to 46b-583, inclusive, is filed, the court, or any judge or family support magistrate assigned to the court, shall cause a summons, signed by such judge or magistrate, by the clerk of the court, or by a commissioner of the Superior Court to be issued, requiring the alleged parent to appear in court at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons to show cause why the request for relief in such petition should not be granted.

Terms Used In Connecticut General Statutes 46b-560

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Summons: Another word for subpoena used by the criminal justice system.

(B) A state marshal, proper officer or investigator shall make due return of process to the court not less than twenty-one days before the date assigned for hearing. In the case of a child or pregnant person being supported wholly or in part by the state, service of such petition may be made by any investigator employed by the Department of Social Services and any proper officer authorized by law.

(2) If the alleged parent fails to appear in court at such time and place, the court or family support magistrate shall hear the petitioner and, upon a finding that process was served on the alleged parent, shall enter a default judgment of parentage against such parent and such other orders as the facts may warrant. In addition, such court or family support magistrate may order that such hearing be continued. The court or family support magistrate shall, upon motion by a party, issue an order for temporary support of the child by the respondent pending a final judgment of the issue of parentage if such court or magistrate finds that there is clear and convincing evidence of parentage which evidence in cases involving alleged genetic parents shall include, but not be limited to, genetic test results that meet the requirements of § 46b-500.

(b) If the alleged parent resides out of or is absent from the state, notice required for the exercise of jurisdiction over such alleged parent shall be actual notice, and shall be in the manner prescribed for personal service of process by the law of the place in which service is made.

(c) In any proceeding to establish parentage, the court or family support magistrate may exercise personal jurisdiction over a nonresident alleged parent if the court or magistrate finds that the alleged parent was personally served in this state or that the alleged parent resided in this state and while residing in this state (1) paid prenatal expenses for the birth parent and support for the child, (2) resided with the child and held himself or herself out as the parent of the child, or (3) paid support for the child and held himself or herself out as the parent of the child, provided the nonresident alleged parent has received actual notice of the pending petition for parentage pursuant to this subsection.

(d) The petition, when served pursuant to subsection (c) of this section, shall be accompanied by an answer form, a notice to the alleged parent and an application for appointment of counsel, written in clear and simple language designed for use by pro se defendants.

(e) (1) The answer form shall require the alleged parent to indicate whether the alleged parent admits or denies that the alleged parent is a parent or does not know whether the alleged parent is a parent of the child. Any response to the answer form shall not be deemed to waive any jurisdictional defense.

(2) The notice to the alleged parent shall inform the alleged parent that (A) the alleged parent has a right to be represented by an attorney, and if the alleged parent is indigent, the court will appoint an attorney for such parent, (B) if the alleged parent is found to be the parent, the alleged parent will be required to financially support the child until the child attains the age of eighteen years, (C) if the alleged parent does not admit parentage and such person is alleged to be a genetic parent, the court or family support magistrate may, pursuant to § 46b-499, order a genetic test to determine parentage and that the cost of such test shall be paid by the state in IV-D support cases, and in non-IV-D cases shall be paid by the petitioner, except that if the alleged parent is subsequently adjudicated to be the parent of the child, such person shall be liable to the state or the petitioner, as the case may be, for the amount of such cost, and (D) if the alleged parent fails to return the answer form or fails to appear for a scheduled genetic test without good cause, a default judgment of parentage shall be entered.

(3) The application for appointment of counsel shall include a financial affidavit.

(f) If the court or family support magistrate may exercise personal jurisdiction over the nonresident alleged parent pursuant to subsection (d) of this section and the answer form is returned and the alleged parent does not admit parentage, in cases in which the alleged parent is an alleged genetic parent, the court shall order genetic tests pursuant to § 46b-497. Such order shall be served upon the alleged parent in the same manner as provided in subsection (c) of this section. Unless the alleged genetic parent requests otherwise, the genetic test of the alleged genetic parent shall be made in the state where the alleged genetic parent resides at a location convenient to him or her. The costs of such test shall be paid by the state in IV-D support cases, and in non-IV-D cases shall be paid by the petitioner, except that if the alleged genetic parent is subsequently adjudicated the parent of the child, such person shall be liable to the state or the petitioner, as the case may be, for the amount of the costs.

(g) The court or family support magistrate shall enter a default judgment against a nonresident alleged parent if such alleged parent (1) fails to answer or otherwise respond to the petition, or (2) in cases in which the alleged parent is an alleged genetic parent, fails to appear for a scheduled genetic test without good cause, provided a default judgment shall not be entered against a nonresident alleged parent unless (A) there is evidence that the nonresident alleged parent has received actual notice of the petition pursuant to subsection (b) of this section and (B) there is verification that the process served upon the alleged parent included the answer form, notice to the defendant and an application for appointment of counsel required by subsection (d) of this section. Upon entry of a default judgment, a copy of the judgment and a form for a motion to reopen shall be served upon the adjudicated parent in the same manner as provided in subsection (b) of this section.