In Re: Ayden K.M.

Case Number
E2010-01884-COA-R9-JV

This appeal concerns a dispute over parentage. Kelly Marie MacCord (“Petitioner”) filed suit against Jon Kyle McMillan (“Respondent”) in the Juvenile Court for Blount County (“the Juvenile Court”), seeking to overturn Respondent’s designation as the father of the minor child Ayden K.M. (“the Child”) and also seeking custody of the Child. The Juvenile Court held that Petitioner did not have standing to deny that Respondent was the Child’s father, noting that Petitioner had signed a sworn Acknowledgment of Paternity (“AOP”) in Texas that recognized Respondent as the father of the Child. Subsequently, Petitioner went to Texas and successfully challenged the AOP in a Texas trial court (“the Texas Court”). Respondent filed a writ of mandamus with the Court of Appeals of Texas, which held that the Texas Court did have subject matter jurisdiction. Petitioner returned to Tennessee seeking to enforce the Texas judgment. The Juvenile Court declined to give full faith and credit to the Texas judgment, holding that the Texas Court lacked jurisdiction. Petitioner appeals. We hold that the Texas Court did have the appropriate jurisdiction and, therefore, the Texas judgment is entitled to full faith and credit. We reverse the judgment of the Juvenile Court.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Judge William Terry Denton
Case Name
In Re: Ayden K.M.
Date Filed
Dissent or Concur
No
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