Parker v. State, Dep't of Revenue, CSED – Paternity Suit
Parker v. Alaska State, Department of Revenue, Child Support Enforcement Division (CSED), 960 P.2d 586 (Alaska 1998).
NATURE OF THE CASE: This case involved a dispute over personal jurisdiction in the context of a paternity suit and child support proceeding.
FACTS: Parker (D), a resident of California, was stationed in Ketchikan, Alaska in 1978 while a member of the Coast Guard. During this time he engaged in sexual intercourse with an Alaska resident. A child was born and the mother sought child support from Parker through the Alaska courts. The trial court held that it had personal jurisdiction and Parker appealed.
ISSUE: Does conceiving a child in a state establish sufficient minimum contacts to enable that state to exercise personal jurisdiction?
RULE OF LAW: Yes. Conceiving a child in a state can establish sufficient minimum contacts to enable that state to exercise personal jurisdiction.
HOLDING AND DECISION: A court can exercise personal jurisdiction over a nonresident defendant when the defendant’s contacts with the forum state are such that he could reasonably anticipate being haled into court there. This case involves specific jurisdiction – a paternity action arising directly out of Parker’s conduct in the forum state. Parker purposefully directed his activities at a resident of this state and he therefore should reasonably anticipate being haled into court. A person engaging in sexual intercourse with a resident of Alaska while in Alaska should foresee the possibility that a child might be born and a paternity action would result.
Because minimum contacts have been established Parker must demonstrate compelling circumstances which render Alaska’s exercise of jurisdiction so unreasonable as to constitute denial of due process. We reject Parker’s arguments because they are based on the notion that there are no minimum contacts.
DISPOSITION: Affirmed.
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