Marie Soledad Torrico (Morales) v. David Randal Smithson

David Randal Smithson ("Father"), a Tennessee resident, is a pilot for a major airline and his job duties require him to fly to Bolivia, South America. During one of these trips to Bolivia, Father became romantically involved with Marie Soledad Torrico (Morales) ("Mother"), a citizen and resident of Bolivia. In April of 2001, Mother gave birth in Bolivia to the parties' son, who is a citizen and resident of Bolivia and has been since his birth. After obtaining a temporary Visa authorizing her to come to the United States, Mother filed this paternity action in the Wilson County Juvenile Court. Based on DNA test results, the Juvenile Court enter an Order establishing Father as the biological father of the child. The Juvenile Court later entered an order requiring Father to pay child support based on the Tennessee Child Support Guidelines. Father appeals claiming, among other things, that the Juvenile Court lacked subject matter jurisdiction to enter an order requiring him to pay child support when the child was conceived in Bolivia, born in Bolivia, and when both Mother and the child are citizens and residents of Bolivia. We hold that the Juvenile Court had subject matter jurisdiction over the proceedings but erred in applying Tennessee law. The judgment of the Juvenile Court is, therefore, vacated and this case is remanded for further proceedings.