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Florida Statute 742.021 | Lawyer Caselaw & Research
F.S. 742.021 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 742.021

The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 742
DETERMINATION OF PARENTAGE
View Entire Chapter
F.S. 742.021
742.021 Venue, process, complaint.
(1) The proceedings must be in the circuit court of the county where the plaintiff resides or the county where the defendant resides.
(2) The complaint shall assert sufficient facts charging the paternity of the child. Upon filing of a complaint seeking to determine paternity, the clerk of court shall issue a notice to each petitioner and to each respondent or defendant along with service of the petition. The notice must be in substantially the following form:

In order to preserve the right to notice and consent to the adoption of the child, an unmarried biological father must, as the “registrant,” file a notarized claim of paternity form with the Florida Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health which includes confirmation of his willingness and intent to support the child for whom paternity is claimed in accordance with state law. The claim of paternity may be filed at any time before the child’s birth, but a claim of paternity may not be filed after the date a petition is filed for termination of parental rights.

(3) Process served on the defendant must require the defendant to file written defenses to the complaint in the same manner as suits in chancery. Upon application and proof under oath, the court may issue a writ of ne exeat against the defendant on such terms and conditions and conditioned upon bond in such amount as the court may determine.
History.s. 2, ch. 26949, 1951; s. 151, ch. 86-220; s. 24, ch. 2008-151.

F.S. 742.021 on Google Scholar

F.S. 742.021 on Casetext

Amendments to 742.021


Arrestable Offenses / Crimes under Fla. Stat. 742.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.021.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RAYNOR, v. UNITED OF OMAHA LIFE INSURANCE COMPANY, a, 858 F.3d 1268 (9th Cir. 2017)

. . . . § 742.021. . . . Stat. § 742.021. . . . Stat. § 742.021. . . . Stat. § 742.021. . . . Omaha’s interpretation is not the only possible interpretation of § 742.021. . . .

BECKFORD, v. DROGAN,, 198 So. 3d 1001 (Fla. Dist. Ct. App. 2016)

. . . alleged in his complaint that he resides in Palm Beach County, and venue is proper based on section 742.021 . . . non-evidentiary. hearing, the trial court denied the motion, finding venue proper pursuant to section 742.021 . . . Lopez, 190 So.3d 1152 (Fla. 5th DCA 2016), the court explained that pursuant to section 742.021(1), Florida . . . action lies in the circuit court for the county in which either the plaintiff or defendant resides. § 742.021 . . . Corio’s initial selection of venue was proper under section 742.021 since he resides in Orange County . . .

CORIO, v. LOPEZ,, 190 So. 3d 1152 (Fla. Dist. Ct. App. 2016)

. . . . § 742.021(1), Fla. Stat. (2015). . . . Corio’s initial selection of venue was proper under section 742.021 since he resides in Orange County . . . the party contesting venue, has not demonstrated the impropriety of Corio’s selection since section 742.021 . . .

SLOWINSKI v. M. SWEENEY,, 117 So. 3d 73 (Fla. Dist. Ct. App. 2013)

. . . Patrick Sweeney, of Pennsylvania, filed his petition for determination of paternity, pursuant to section 742.021 . . .

OZUNA, v. SHEARD,, 109 So. 3d 1176 (Fla. Dist. Ct. App. 2013)

. . . The father moved to transfer the case to Broward County, pursuant to section 742.021, Florida Statutes . . . The father’s argument that venue must be based on section 742.021, Florida Statutes (2012), is misplaced . . .

CAVANAUGH, a CAVANAUGH, Ad v. PROVIDENCE HEALTH PLAN,, 699 F. Supp. 2d 1209 (D. Or. 2010)

. . . Plan contains the following provision, it is void and unenforceable under Oregon Revised Statute § 742.021 . . . Plaintiffs claim as to § 742.021 also has a connection with an ERISA plan because adjudication of this . . . Moreover, this Court concluded in its April 15, 2009, Opinion and Order that ERISA preempts § 742.021 . . . as to Defendant’s reimbursement and subrogation provisions because § 742.021 requires that the terms . . . Plaintiffs claim as to § 742.021 also has a connection with an ERISA plan because adjudication of this . . .

WEST AMERICAN INSURANCE COMPANY, v. L. HERNANDEZ A. LLC, a, 669 F. Supp. 2d 1211 (D. Or. 2009)

. . . . § 742.021. . . . provisions must be read to mean the same thing as the parallel section of the Insurance Code would deprive § 742.021 . . . Plaintiff argues that Or.Rev.Stat. § 742.202 trumps § 742.021 because it requires all fire insurance . . . This requirement mirrors the § 742.021 exception language, and so allows for substitution of provisions . . .

PROVIDENCE HEALTH PLAN, v. L. CHARRIERE,, 666 F. Supp. 2d 1169 (D. Or. 2009)

. . . Id. at 58, 182 P.3d at 863-64 (citing O.R.S. 742.021(1)). . . . As plaintiff here notes, O.R.S. 742.021 does not apply to it as a health insurer. . . . Although O.R.S. 742.021, which requires property and casualty insurance policies to carry provisions . . .

J. W. T. v. S. T. f k a S. G., 974 So. 2d 436 (Fla. Dist. Ct. App. 2007)

. . . attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in s. 742.021 . . .

T. B. v. M. M., 945 So. 2d 637 (Fla. Dist. Ct. App. 2006)

. . . attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in s. 742.021 . . .

In S. M. a E. K. v., 874 So. 2d 720 (Fla. Dist. Ct. App. 2004)

. . . .” § 742.021. . . .

J. THURSTON, v. THURSTON,, 777 So. 2d 1001 (Fla. Dist. Ct. App. 2000)

. . . proceeding under 731.29(1) with proceedings for determination of paternity under sections 742.011, 742.021 . . .

J. L. S. v. R. J. L., 708 So. 2d 293 (Fla. Dist. Ct. App. 1998)

. . . See § 742.021, Fla. Stat. (1995). . . .

BLACKWOOD, v. ANDERSON,, 664 So. 2d 37 (Fla. Dist. Ct. App. 1995)

. . . Section 742.021, Florida Statutes (1993), requires that the person claiming paternity file a complaint . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, D. A. R. v. C. M. N., 661 So. 2d 22 (Fla. Dist. Ct. App. 1994)

. . . attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in s. 742.021 . . .

ROGERS, v. TRUITT, 596 So. 2d 1081 (Fla. Dist. Ct. App. 1992)

. . . . § 742.021, Fla.Stat. (1989). . § 742.031, Fla.Stat. (1989). . § 768.17, Fla.Stat. (1989). . . .

MILLER, v. POPKIN,, 502 So. 2d 28 (Fla. Dist. Ct. App. 1987)

. . . attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in § 742.021 . . .

BECKLES, v. GROVER,, 496 So. 2d 993 (Fla. Dist. Ct. App. 1986)

. . . denial was apparently accepted by the court below is that venue in this action is controlled by section 742.021 . . .

STEWART, v. COLEMAN,, 413 So. 2d 93 (Fla. Dist. Ct. App. 1982)

. . . By virtue of Section 742.021, Florida Statutes (1979), plaintiff was entitled to select venue as between . . . That Section 742.021 grants the woman the initial choice of venue in paternity proceedings does not compromise . . .

KNAUER, Jr. v. BARNETT R., 360 So. 2d 399 (Fla. 1978)

. . . attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in § 742.021 . . . 731.29(1), Florida Statutes (1973), the Florida Probate Law, in pari materia with Sections 742.011, 742.021 . . . To be contrasted are proceedings for determination of paternity pursuant to Sections 742.011, 742.021 . . . See Sections 742.011, 742.021, and 742.031, Florida Statutes (1973); Bishop v. State ex rel. . . .

BARNETT, v. R. BARNETT,, 336 So. 2d 1213 (Fla. Dist. Ct. App. 1976)

. . . attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in § 742.021 . . .

TAYLOR, v. TAYLOR,, 279 So. 2d 364 (Fla. Dist. Ct. App. 1973)

. . . the child the right to initiate a bastardy action against the natural father under Section 742.011, 742.021 . . .

CARPENTER, v. M. SYLVESTER,, 267 So. 2d 370 (Fla. Dist. Ct. App. 1972)

. . . Section 742.021 states that the proceedings shall be by verified complaint filed in the circuit court . . .

FERGUSON, v. LITTLE, a T., 266 So. 2d 363 (Fla. Dist. Ct. App. 1972)

. . . “It is the holding of this Court that Section 742.021, Florida Statutes 1965, F.S.A., controls and the . . . F.S. § 742.021, F.S.A. . Paulet v. Hickey, (Fla.App.1968) 206 So.2d 29, 30. . . .

PAULET, v. HICKEY,, 206 So. 2d 30 (Fla. Dist. Ct. App. 1968)

. . . contending that Section 46.01, Florida Statutes, F.S.A., controls, and the appellee contending Section 742.021 . . . action accrued, or where the property in litigation is located. * * ” The applicable portion of Section 742.021 . . . , Florida Statutes 1965, F.S.A. states as follows : “742.021 Same; venue, process, complaint. — The proceedings . . . It is the holding of this Court that Section 742.021, Florida Statutes 1965, F.S.A., controls, and the . . .

MOCHER, v. RASMUSSEN- TAXDAL,, 180 So. 2d 488 (Fla. Dist. Ct. App. 1965)

. . . (de Moya v. de Pena, Fla.App.1963, 148 So.2d 735) Further, Section 742.021, Fla.Stats., F. . . . avers that defendant is a resident of Florida and he was personally served, enough to satisfy Section 742.021 . . .

LORENZ, v. JIMINEZ,, 163 So. 2d 500 (Fla. Dist. Ct. App. 1964)

. . . may bring proceedings in the circuit court, in chancery, to determine the paternity of such child. “742.021 . . .

F. CLARKE, v. Ed BLACKBURN, Jr., 151 So. 2d 325 (Fla. Dist. Ct. App. 1963)

. . . The proceedings there authorized may be instituted only by the mother of such a child, § 742.021, Florida . . .

MOYA, v. PENA,, 148 So. 2d 735 (Fla. Dist. Ct. App. 1963)

. . . Section 742.021, Fla.Stat., F.S.A., states: “The proceedings shall be by verified complaint filed in . . .