State Ex Rel. State v. E.B.M.

I respectfully dissent. I would rely upon Ex parte State of California, 669 So.2d 884 (Ala.1995), and dismiss the appeal.

The majority’s reliance upon Bennett, supra, would be correct if the trial court reached the right decision. The trial court did not reach the right decision because it had no authority to determine paternity in a URESA action, and thus, no authority to reach any decision. The more appropriate forum is an Alabama Uniform Parentage Act (“UPA”) action. See Ex parte State of California, supra. If the trial court lacked the jurisdiction to make a determination of paternity, its…