Florida Statute 742.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.011

742.011 Proceedings for determination of paternity, rights, and responsibilities; jurisdiction.—Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise. After the birth of the child, a parent may request a determination of parental responsibility and child support and for the creation of a parenting plan and time-sharing schedule pursuant to chapter 61.

History.—s. 1, ch. 26949, 1951; s. 5, ch. 75-166; s. 13, ch. 83-214; s. 150, ch. 86-220; s. 1, ch. 2023-209.

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Amendments to 742.011

Annotations, Discussions, Cases:

Cases Citing Statute 742.011

Total Results: 79

Heart of Adoptions, Inc. v. JA

963 So. 2d 189, 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2371655

Cited 134 times | Published

paternity for children born out of wedlock." Section 742.011, Florida Statutes (2005), provides: Any woman

Gammon v. Cobb

335 So. 2d 261

Supreme Court of Florida | Filed: Jun 30, 1976 | Docket: 1711258

Cited 59 times | Published

pertinent sections of the statute under attack are § 742.011, Florida Statutes, providing: "Any unmarried woman

Kendrick v. Everheart

390 So. 2d 53

Supreme Court of Florida | Filed: Nov 6, 1980 | Docket: 92386

Cited 40 times | Published

trial court ruled on the constitutionality of section 742.011, Florida Statutes, we have jurisdiction pursuant

STATE DEPT. OF HEALTH, ETC. v. West

378 So. 2d 1220

Supreme Court of Florida | Filed: Dec 20, 1979 | Docket: 1795118

Cited 32 times | Published

conception in order to bring a suit under section 742.011 was an unreasonable and invidious discrimination

Gfc v. Sg

686 So. 2d 1382, 1997 WL 24244

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1259776

Cited 24 times | Published

paternity. G.F.C. contends that pursuant to section 742.011, Florida Statutes (1995), he has the right

Jones v. Stoutenburgh

91 So. 2d 299

Supreme Court of Florida | Filed: Nov 7, 1956 | Docket: 1332091

Cited 23 times | Published

pursuant to Chapter 26949, Laws of Florida 1951, Section 742.011 et seq., Florida Statutes 1955, F.S.A. The

In Re Guardianship of DA McW.

429 So. 2d 699

District Court of Appeal of Florida | Filed: Feb 2, 1983 | Docket: 1221439

Cited 21 times | Published

precluded from bringing a paternity action under section 742.011, Florida Statutes, he could nevertheless seek

Taylor v. Taylor

279 So. 2d 364

District Court of Appeal of Florida | Filed: Jun 22, 1973 | Docket: 1522169

Cited 21 times | Published

bastardy action against the natural father under Section 742.011, 742.021, F.S. 1971, F.S.A. By accepting his

Ia v. Hh

710 So. 2d 162, 1998 Fla. App. LEXIS 4332, 1998 WL 186822

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1444561

Cited 19 times | Published

by noting, as did the Fifth District, that section 742.011 provides that a circuit court may entertain

Brown v. Bray

300 So. 2d 668

Supreme Court of Florida | Filed: Jul 3, 1974 | Docket: 1729337

Cited 15 times | Published

custody in dissolution proceedings, but that Section 742.011 provides for exclusive relief to the mother

Matter of Rivera

5 B.R. 313, 1980 Bankr. LEXIS 4773

United States Bankruptcy Court, M.D. Florida | Filed: Jul 23, 1980 | Docket: 1085693

Cited 14 times | Published

statutory proceeding of this State, Florida Statutes, § 742.011, that he is, in fact, the father of the child

D.M.T. v. T.M.H.

129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Supreme Court of Florida | Filed: Nov 7, 2013 | Docket: 60237374

Cited 13 times | Published

the adoption of the child would be required”); § 742.11, Fla. Stat. (2008) (defining the parental status

Sacks v. Sacks

267 So. 2d 73

Supreme Court of Florida | Filed: Sep 20, 1972 | Docket: 1481588

Cited 13 times | Published

was a paternity action brought under Fla. Stat. § 742.011, F.S.A., wherein a woman gave birth to a child

Lander v. Smith

906 So. 2d 1130, 2005 WL 1398073

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 2543706

Cited 12 times | Published

5th DCA 2002)("The court expressly held that section 742.011 does not extend to permit the alleged biological

Greenfield v. Daniels

51 So. 3d 421, 35 Fla. L. Weekly Supp. 685, 2010 Fla. LEXIS 2012, 2010 WL 4740297

Supreme Court of Florida | Filed: Nov 24, 2010 | Docket: 2406988

Cited 9 times | Published

1976), we held unconstitutional that part of section 742.011, Florida Statutes (1975), that allowed only

Johnson v. Ruby

771 So. 2d 1275, 2000 WL 1744839

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 1339492

Cited 9 times | Published

4. On October 8, 1999, the child was born. Section 742.011, Florida Statutes (1999) states, Any woman

Hodge v. Maith

435 So. 2d 387

District Court of Appeal of Florida | Filed: Jul 28, 1983 | Docket: 1328692

Cited 9 times | Published

chancery, to determine the paternity of such child." § 742.011, Fla. Stat. (1981). [4] See also § 742.10, Florida

Carpenter v. Sylvester

267 So. 2d 370, 58 A.L.R. 3d 183

District Court of Appeal of Florida | Filed: Oct 17, 1972 | Docket: 1740591

Cited 9 times | Published

motion to dismiss, and the defendant appealed. Section 742.011 Fla. Stat., F.S.A., provides that an unmarried

DEPT. OF REV. EX REL. PRESTON v. Cummings

871 So. 2d 1055

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1709437

Cited 8 times | Published

of wedlock." § 742.10, Fla. Stat. (2002). Section 742.011 permits a paternity action only "when paternity

Smith v. Wise

234 So. 2d 145

District Court of Appeal of Florida | Filed: Apr 14, 1970 | Docket: 1354403

Cited 8 times | Published

and BARKDULL, JJ. PER CURIAM. Proceeding under § 742.011 Fla. Stat., F.S.A.,[1] the appellee filed a complaint

Gilbertson v. Boggs

743 So. 2d 123, 1999 WL 743647

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1243601

Cited 7 times | Published

and to Seal Record alleging that pursuant to section 742.011, Gilbertson lacked standing to bring the paternity

DF v. Department of Revenue Ex Rel. LF

736 So. 2d 782, 1999 Fla. App. LEXIS 9184, 1999 WL 462098

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 1736599

Cited 7 times | Published

paternity action could not be filed by D.F. See § 742.011, Fla. Stat. (1997) (action may be brought to determine

State on Behalf of DJN v. Redding

685 So. 2d 1000, 1997 WL 4539

District Court of Appeal of Florida | Filed: Jan 8, 1997 | Docket: 1414826

Cited 7 times | Published

misplaced. In Ricks the Second District held that section 742.011, Florida Statutes, allows a paternity action

Williams v. Estate of Long

338 So. 2d 563, 1976 Fla. App. LEXIS 15749

District Court of Appeal of Florida | Filed: Oct 26, 1976 | Docket: 1511873

Cited 7 times | Published

While that case dealt with a bastardy statute, § 742.011, Florida Statutes (1973), and a married woman's

Kennelly v. Davis

221 So. 2d 415

Supreme Court of Florida | Filed: Apr 9, 1969 | Docket: 1664047

Cited 7 times | Published

Kennelly in a circuit court action filed pursuant to § 742.011, Fla. Stat., F.S.A., sought to establish that

Doe v. Doe

20 So. 3d 892, 2009 Fla. App. LEXIS 12893, 2009 WL 2841190

District Court of Appeal of Florida | Filed: Sep 4, 2009 | Docket: 1640148

Cited 6 times | Published

irrebuttably presumed to be Chester III's child. See § 742.11(1), Fla. Stat. (2008).

Campagna v. Cope

971 So. 2d 243, 2008 WL 53547

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1446868

Cited 6 times | Published

eighteen would presumably be the adult child. See § 742.011, Fla. Stat. (2005). Thus, prior to 1997, there

Dennis v. DEPT. OF HEALTH & REHAB. SERV.

566 So. 2d 1374, 1990 WL 134770

District Court of Appeal of Florida | Filed: Sep 20, 1990 | Docket: 547642

Cited 6 times | Published

[3] Section 742.10, Florida Statutes. [4] Section 742.011, Florida Statutes. [5] Under the English common

Wall v. Johnson

78 So. 2d 371

Supreme Court of Florida | Filed: Jan 25, 1955 | Docket: 1413045

Cited 6 times | Published

against the appellant, a Florida resident, under Section 742.011, Florida Statutes, F.S.A., to obtain a decree

Lefler v. Lefler

722 So. 2d 941, 1998 WL 903843

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1241486

Cited 5 times | Published

Church as a party to this proceeding. Under section 742.011, Florida Statutes (1997), appellant does not

Bjy v. Ma

617 So. 2d 1061, 18 Fla. L. Weekly Supp. 265, 1993 Fla. LEXIS 711, 1993 WL 132258

Supreme Court of Florida | Filed: Apr 29, 1993 | Docket: 1512503

Cited 5 times | Published

of a child" to bring a paternity proceeding. § 742.011, Fla. Stat. (Supp. 1986). Additionally, the statute

De Moya v. De Pena

148 So. 2d 735

District Court of Appeal of Florida | Filed: Jan 22, 1963 | Docket: 1451657

Cited 5 times | Published

correctly refused to dismiss the complaint. Section 742.011, Fla. Stat., F.S.A., reads as follows: "Any

Slowinski v. Sweeney

64 So. 3d 128, 2011 Fla. App. LEXIS 7153, 2011 WL 1879198

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2361154

Cited 4 times | Published

children born to intact marriages. For example, section 742.011, Florida Statutes (2010), states paternity

Bellomo v. Gagliano

815 So. 2d 721, 2002 WL 726647

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1277877

Cited 4 times | Published

for paternity. The court expressly held that section 742.011 does not extend to permit the alleged biological

Florida Dept. of Revenue v. MLS

756 So. 2d 125, 2000 Fla. App. LEXIS 1455, 2000 WL 192140

District Court of Appeal of Florida | Filed: Feb 18, 2000 | Docket: 471319

Cited 4 times | Published

[2] Although at the time of I.S.'s birth section 742.011, Florida Statutes (1985), only permitted a

Bardol v. Martin

763 So. 2d 1119, 1999 WL 1243870

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1278234

Cited 4 times | Published

given us chapter 742. It is no accident that section 742.011 provides that "any child," among others, "may

STATE, DHRS, OFF. OF CHILD SUP. ENFORCEMENT EX REL. RICKS v. Ricks

530 So. 2d 370, 1988 WL 88571

District Court of Appeal of Florida | Filed: Aug 5, 1988 | Docket: 466417

Cited 4 times | Published

this court misinterpreted the language of section 742.011, Florida Statutes (1987). That section provides:

Black v. Nesmith

475 So. 2d 963, 10 Fla. L. Weekly 2092

District Court of Appeal of Florida | Filed: Sep 10, 1985 | Docket: 1301814

Cited 4 times | Published

to determine the paternity of such child. Section 742.011, Florida Statutes (1969), (emphasis supplied)

J.A.I. v. B.R.

160 So. 3d 473, 2015 Fla. App. LEXIS 1228, 2015 WL 404001

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 60246862

Cited 3 times | Published

was not based on a material mistake of fact. Section 742.011 provides that a man who believes that he may

The Florida Bar v. Inglis

660 So. 2d 697, 20 Fla. L. Weekly Supp. 477, 1995 Fla. LEXIS 1545, 1995 WL 555300

Supreme Court of Florida | Filed: Sep 21, 1995 | Docket: 1755805

Cited 3 times | Published

Florida at that time. A cursory examination of Section 742.011, Florida Statutes, as amended in 1991, would

Fla. Ch. of Sierra Club v. Orlando Util. Com'n

436 So. 2d 383

District Court of Appeal of Florida | Filed: Aug 18, 1983 | Docket: 1701248

Cited 3 times | Published

[7] § 403.537(1), Fla. Stat. (1981). [8] Cf. § 742.11, Fla. Stat. (1981). [9] § 90.301(2), Fla. Stat

Hinson v. Hinson

356 So. 2d 372

District Court of Appeal of Florida | Filed: Mar 14, 1978 | Docket: 1478836

Cited 3 times | Published

335 So.2d 261 (Fla. 1976), held Florida Statute § 742.011, bastardy statute unconstitutional because it

Yarmark v. Strickland

193 So. 2d 212

District Court of Appeal of Florida | Filed: Dec 20, 1966 | Docket: 1304810

Cited 3 times | Published

as in equity cases under the present statute (§ 742.011 Fla. Stat., F.S.A.) was a preponderance of the

J.T.J. v. N.H.

84 So. 3d 1176, 2012 WL 1108514, 2012 Fla. App. LEXIS 5186

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 60306617

Cited 2 times | Published

(2010), governs determination of parentage. Section 742.011 provides the basis for the circuit court’s

Raymond James Financial Services, Inc. v. Phillips

110 So. 3d 908, 2011 Fla. App. LEXIS 18182, 2011 WL 5555691

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 60230516

Cited 2 times | Published

wedlock — contemplated an action brought in court. § 742.011, Fla. Stat. (1973). Thus, it appears that the

I.A. v. H.H.

710 So. 2d 162

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 64780760

Cited 2 times | Published

by noting, as did the Fifth District, that section 742.011 provides that a circuit court may entertain

G.F.C. v. S.G.

686 So. 2d 1382, 1997 Fla. App. LEXIS 245

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 64770605

Cited 2 times | Published

paternity. G.F.C. contends that pursuant to section 742.011, Florida Statutes (1995), he has the right

Brown v. Dykes

601 So. 2d 568, 1992 WL 72010

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 1305372

Cited 2 times | Published

Prior to 1986 the Florida paternity statute, section 742.011, allowed only mothers to invoke its provisions

MOHORN v. Thomas

30 So. 3d 710, 2010 Fla. App. LEXIS 4216, 2010 WL 1222700

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1120225

Cited 1 times | Published

out of wedlock. See § 742.10(1), Fla. Stat. Section 742.011 provides that "[a]ny woman who is pregnant

Holliman v. Green

439 So. 2d 955

District Court of Appeal of Florida | Filed: Oct 13, 1983 | Docket: 1264806

Cited 1 times | Published

standing under Florida's paternity statute, Section 742.011, Florida Statutes (1981), to maintain a proceeding

Alexander L. Bauer v. Jordin Carlson and Taylor A. Butler

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843480

Published

since paternity has already been established. See § 742.011, Fla. Stat. (2022) (providing that a man who believes

C. T., N/K/A C. S. v. T. G.

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378581

Published

as circuit court proceedings. For example, section 742.011 states: Any woman who is pregnant

Angel Givoanni Rivera and Ashley Nicole Isabel Brito v. Jennifer Salas

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68958705

Published

Bray, 300 So. 2d 668, 669 (Fla. 1974) ("Section 742.011 provides for exclusive relief to the mother

JAMES ENRIQUEZ vs ASHLEY VELAZQUEZ

District Court of Appeal of Florida | Filed: Nov 3, 2022 | Docket: 60695043

Published

procedure that was not employed in this case. Section 742.11 addresses the scenario in which a child conceived

Kathleen Steele v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit | Filed: Oct 12, 2022 | Docket: 65418002

Published

decedent.” For example, Florida Statute § 742.11 provides, in relevant part, that “any child

CONNOR PERKINS v. TRENEKA SIMMONDS

227 So. 3d 646, 2017 WL 4417736

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 6163549

Published

of the case. Alternatively, he asserts that section 742.011 of the Florida Statutes (2015) violates the

Rose v. Sonson

208 So. 3d 136, 2016 Fla. App. LEXIS 13408

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4419696

Published

Rose was born, and until October 1986 when section 742.011 of the Florida Statutes was amended, only the

Department of Revenue Ex Rel. Cowie v. Orlowski

184 So. 3d 1200, 2016 Fla. App. LEXIS 246, 2016 WL 90784

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026055

Published

1000 (Fla. 3d DCA 1997). See also § 742.011, Fla. Stat. (stating that a mother or child may

Department of Revenue v. Joseph A. Orlowski

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011957

Published

So. 2d 1000, 1000 (Fla. 3d DCA 1997). See also § 742.011, Fla. Stat. (stating that a mother or child may

J.A.I. v. B.R.

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629741

Published

material mistake of fact. Section 742.011 provides that a man who believes that he may

C.G. v. J.R.

130 So. 3d 776, 2014 WL 340675, 2014 Fla. App. LEXIS 1155

District Court of Appeal of Florida | Filed: Jan 31, 2014 | Docket: 60237890

Published

for “children bom out of wedlock ” and that section 742.011 provided that paternity proceedings could be

Pena v. Diaz

125 So. 3d 356, 2013 WL 5950835, 2013 Fla. App. LEXIS 17857

District Court of Appeal of Florida | Filed: Nov 8, 2013 | Docket: 60235858

Published

Pena filed his second paternity action under section 742.011, *358which is on appeal here. In his petition

Williams-Raymond v. Jones

954 So. 2d 721, 2007 Fla. App. LEXIS 6116, 2007 WL 1201883

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 64850309

Published

paternity for children born out of wedlock.”). Section 742.011 provides that “[a]ny woman who is pregnant

R.H.B. v. J.B.W.

826 So. 2d 346, 2002 Fla. App. LEXIS 6039, 2002 WL 851297

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 64817612

Published

action for child of an intact marriage because section 742.011, Florida Statutes (2000), applied only to children

Ryan v. Rehberg

744 So. 2d 1132, 1999 Fla. App. LEXIS 14136, 1999 WL 973515

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64792201

Published

exclusive basis of Ms. Ryan’s petition was section 742.011, Florida Statutes (1993), and since paternity

Wilson v. Scruggs

685 So. 2d 1206

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 64770227

Published

entitled "Determination Of Paternity,” states in section 742.011 that “any child may bring proceedings in the

Womack v. Cook

634 So. 2d 322, 1994 Fla. App. LEXIS 3274, 1994 WL 115279

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 64747188

Published

manner that binds the interest of the child. Section 742.011, Florida Statutes provides: Determination of

Department of Health & Rehabilitative Services v. Griffin

620 So. 2d 241, 1993 Fla. App. LEXIS 6563, 1993 WL 215582

District Court of Appeal of Florida | Filed: Jun 22, 1993 | Docket: 64697044

Published

a complaint against appellee, pursuant to section 742.011, Florida Statutes, to determine paternity and

B.J.Y. v. M.A.

617 So. 2d 1061

Supreme Court of Florida | Filed: Apr 29, 1993 | Docket: 64696106

Published

of a child” to bring a paternity proceeding. § 742.011, Fla.Stat. (Supp.1986). Additionally, the statute

Rogers v. Truitt

596 So. 2d 1081, 1992 Fla. App. LEXIS 1793, 1992 WL 35364

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 64666602

Published

this child to the satisfaction of the court. . § 742.011, Fla.Stat. (1989). . § 742.021, Fla.Stat. (1989)

Eller v. Thomas

586 So. 2d 480, 1991 Fla. App. LEXIS 9433, 1991 WL 186983

District Court of Appeal of Florida | Filed: Sep 25, 1991 | Docket: 64661784

Published

including issues of custody. However, according to Section 742.011, the only people who have standing to bring

Eller v. Thomas

586 So. 2d 480, 1991 Fla. App. LEXIS 9433, 1991 WL 186983

District Court of Appeal of Florida | Filed: Sep 25, 1991 | Docket: 64661784

Published

including issues of custody. However, according to Section 742.011, the only people who have standing to bring

Guerrero v. Staglish

400 So. 2d 190

District Court of Appeal of Florida | Filed: Jun 30, 1981 | Docket: 1677221

Published

judgment for respondent, on a finding that: 1. Section 742.011 Florida Statutes (1979) prohibits a putative

Appeal of MacDonald

376 So. 2d 61, 1979 Fla. App. LEXIS 15675

District Court of Appeal of Florida | Filed: Oct 26, 1979 | Docket: 64572432

Published

court dismissed the petition, finding that Section 742.011, Florida Statutes (1977), only gives a cause

V. S. v. B. M.

281 So. 2d 587, 1973 Fla. App. LEXIS 7741

District Court of Appeal of Florida | Filed: Aug 17, 1973 | Docket: 64533917

Published

proceedings against appellee, pursuant to F.S. § 742.011, F.S.A., which provides: “Any unmarried woman

Sacks v. Sacks

254 So. 2d 572, 1971 Fla. App. LEXIS 5774

District Court of Appeal of Florida | Filed: Nov 23, 1971 | Docket: 64523105

Published

and the statute leads us to conclude that Section 742.011, Fla.Stat, F.S.A., does not permit a woman

Kennelly v. Davis

216 So. 2d 795, 1968 Fla. App. LEXIS 4752

District Court of Appeal of Florida | Filed: Dec 17, 1968 | Docket: 64507727

Published

Kennelly in a circuit court action filed pursuant to § 742.011, Fla.Stat.,1 F.S.A., sought to establish that

Lorenz v. Jiminez

163 So. 2d 500, 1964 Fla. App. LEXIS 4196

District Court of Appeal of Florida | Filed: Apr 28, 1964 | Docket: 60221318

Published

essential to the right of action asserted. Under § 742.011 it is required that the plaintiff be an unmarried

Kieser v. Love

98 So. 2d 381

District Court of Appeal of Florida | Filed: Nov 6, 1957 | Docket: 64489767

Published

actually presented. The action was brought under § 742.011, Florida Statutes 1955, F.S.A., solely for periodic