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571 So. 2d 1186

Grantham v. Hughes

Court of Civil Appeals of Alabama

Decided November 7, 1990

Court of Civil Appeals of Alabama · decided 1990-11-07

Cited by 1 later decisions — most recently March 2002

1 state decisions

Key passage — most relied on by later courts

“Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred....”

quoted by 1 later decision, including 828 So. 2d 291 - Ex Parte State Ex Rel. CM

Relies on 545 So. 2d 81 - Ex Parte Evans · Watkins v. Watkins · 508 So. 2d 682 - Ex Parte Sutton

Good law ✅— No negative treatment on recordhow we know

Decided 1990-11-07

View the full empirical analysis of this case →

¶1PETITION FOR WRIT OF MANDAMUS

RUSSELL, Judge.

¶2This is a petition for a writ of mandamus.

¶3Gary Hughes (petitioner) and Loma Y. Grantham (respondent) began cohabiting in Coffee County in October 1986. Shortly thereafter, the respondent gave birth to a child. The petitioner’s name appears on the child’s birth certificate as her father. The parties resided together until January 1990.

¶4In January 1990, the respondent and her child relocated to Dale County. On February 8, 1990, the respondent filed a paternity action in the Circuit Court of Dale County and sought an award of permanent custody of the child. Concomitantly, the petitioner filed a separate action in Coffee County for custody of the child. He subsequently filed a motion in the Circuit Court of Dale County to transfer venue of the pending action to Coffee County. That motion was denied, as was the petitioner’s motion for rehearing.

¶5The petitioner then filed a petition for a writ of mandamus in this court. We deny that petition.

¶6Initially, we note that mandamus is a drastic and extraordinary remedy to be issued only where there exists a clear legal right in the petitioner to the order sought. Ex parte Evans, 545 So.2d 81 (Ala.Civ.App. *11871989). Moreover, the question of whether to transfer venue of a case lies within the sound discretion of the trial court. Ex parte Sutton, 508 So.2d 682 (Ala.Civ.App.1987).

¶7The petitioner contends that, because the respondent and child had resided in Dale County for a period of approximately eleven days before filing her action, that venue is improper. As authority for that proposition, he cites Ex parte Watkins, 555 So.2d 1098 (Ala.Civ.App.1989). That case, however, involved an action for divorce and was governed by § 30-2-4, Ala. Code 1975, which provides in pertinent part: “Complaints for divorce may be filed ... in the circuit court of the county in which the parties resided when the separation occurred .... ” Here, the parties were not married, and thus, § 30-2-4 is inapplicable.

¶8The Alabama Uniform Parentage Act, however, provides that a paternity action “shall be filed in the county in which the child resides or the county in which the defendant resides.” § 26-17-10(f), Ala. Code 1975. The respondent’s complaint averred that the mother and child were domiciled in Dale County, and she also testified to that fact at trial.

¶9Therefore, based on the evidence in the record, we do not find any abuse of discretion. Therefore, the petition for a writ of mandamus is denied.

¶10WRIT DENIED.

INGRAM, P.J., and ROBERTSON, J., concur.
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