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Session Laws, 1950
Volume 587, Page 245   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR 245

entitled to support under this article and is believed to be a
resident of or domiciled in another state having substantially
similar or reciprocal laws.

6. (Procedure.) (a) A proceeding under this Article shall
be commenced by a petitioner by filing a verified petition in
the court in the county or city of the state wherein he re-
sides or is domiciled, showing the name, age, residence and
circumstances of the petitioner, alleging that he is in need
of and is entitled to support from the respondent, giving his
name, age, residence and circumstances, and praying that the
respondent be compelled to furnish such support.

(b) If the respondent be a resident of or domiciled in such
state and the court has or can acquire jurisdiction of the
person of the respondent under existing laws in effect in such
state, such laws shall govern and control the procedure to be
followed in such proce-eding.

(c) If the respondent be not a resident of or domiciled in
or cannot be found in such state, a judge of such court shall
certify that a verified petition has been filed in his court in
a proceeding against the respondent under this Article to
compel the support of the petitioner, that a summons, duly
issued out of his court for service upon the respondent has
been returned with an affidavit to the effect that the respon-
dent cannot with due diligence be located or served with such
process in the initiating state, that the respondent is believed
to be residing or domiciled in the responding state and that,
in his opinion, the respondent should be compelled to answer
such petition and should be dealt with according to law,
and he shall transmit such certificate and exemplified copies
of such petition and summons to the appropriate court in the
responding state.

(d) Any judge of a court in the county of the responding
state in which the respondent resides or is domiciled or
found, upon presentation to him of such certificate and
exemplified copies of such petition and summons, shall fix a
time and place for a hearing on such petition and shall issue
a summons out of his court, directed to the respondent, duly
requiring him to appear at such time and place.

(e) It shall not be necessary for the petitioner or the peti-
tioner's witnesses to appear personally at such hearing, but
it shall be the duty of the petitioner's representative of the
responding state to appear on behalf of and represent the
petitioner at all stages of the proceedings.

(f) If at such hearing the respondent controverts the peti-
tion and enters a verified denial of any of the material allega-


 

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Session Laws, 1950
Volume 587, Page 245   View pdf image (33K)
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