In re G.V.W.

Summary

The Ohio Eighth District Court of Appeals affirmed the dismissal without prejudice of a mother's complaint to establish paternity and child support against an alleged father residing in Florida. The court held that Ohio lacked personal jurisdiction because the child was conceived outside Ohio and the alleged father's contacts with Ohio—including visits, genetic testing, communications about coparenting, and retention of Ohio counsel—did not satisfy Ohio's long-arm statute. The court also held that the alleged father had not waived the personal-jurisdiction defense and that the juvenile court could raise the issue sua sponte.

Holdings

1. Ohio lacked personal jurisdiction over A.L.W. The child was not conceived in Ohio, so R.C. 3111.06(B) did not apply, and Mother failed to establish that A.L.W. transacted business in Ohio within the meaning of R.C. 2307.382(A)(1) and Civ.R. 4.3(A)(1).
2. A.L.W. did not waive the defense of lack of personal jurisdiction by failing to appear, answer, or otherwise respond to the action.
3. Because A.L.W. did not waive his personal-jurisdiction defense, the juvenile court could raise lack of personal jurisdiction sua sponte.

Questions Presented

1. Whether Ohio had personal jurisdiction over the nonresident alleged father under R.C. 3111.06(B), R.C. 2307.382(A)(1), and Civ.R. 4.3(A)(1).
2. Whether the alleged father waived his defense of lack of personal jurisdiction by failing to appear or respond to the paternity and child-support action.
3. Whether the juvenile court could raise lack of personal jurisdiction sua sponte when the alleged father had not waived that defense.

Disposition

affirmed