Florida Statute 742.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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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.

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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 Citing Statute 742.021

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: 403 (Fla. 1978) (referring to sections 742.011, 742.021, 742.031, and 742.091 as "the determination

Beckford v. Drogan

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-10T00:00:00-07:00

Citation: 198 So. 3d 1001, 2016 Fla. App. LEXIS 12057, 2016 WL 4205399

Snippet: Beach County, and venue is proper based on section 742.021(1), Florida Statutes (2016), which permits the …motion, finding venue proper pursuant to section 742.021(1), Florida Statutes, This appeal follows. In Cono…, the court explained that pursuant to section 742.021(1), Florida Statutes, the plaintiff has a choice…which either the plaintiff or defendant resides. § 742.021(1), Fla. Stat. (2015). This specific venue statute…initial selection of venue was proper under section 742.021 since he resides in Orange County. When venue is

William J. Corio v. Lopez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-06T00:00:00-07:00

Citation: 190 So. 3d 1152, 2016 Fla. App. LEXIS 6975

Snippet: which either the plaintiff or defendant resides. § 742.021(1), Fla. Stat. (2015). This specific venue statute…initial selection of venue was proper under section 742.021 since he resides in Orange County. When venue is…impropriety of Corio’s selection since section 742.021 controls, and therefore, Corio properly instituted

Slowinski v. Sweeney

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-27T00:00:00-07:00

Citation: 117 So. 3d 73, 2013 WL 3215232, 2013 Fla. App. LEXIS 10236

Snippet: determination of paternity, pursuant to section 742.021, Florida Statutes, in the same circuit court (case

Ozuna v. Sheard

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-20T00:00:00-07:00

Citation: 109 So. 3d 1176, 2013 WL 1136446, 2013 Fla. App. LEXIS 4433

Snippet: the case to Broward County, pursuant to section 742.021, Florida Statutes (2012), which provides that proceedings…s argument that venue must be based on section 742.021, Florida Statutes (2012), is misplaced. He is correct

J.W.T. v. S.T.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-12T00:00:00-08:00

Citation: 974 So. 2d 436, 2007 Fla. App. LEXIS 19699

Snippet: shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in

Jwt v. St

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-11T23:53:00-08:00

Citation: 974 So. 2d 436

Snippet: shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in

T.B. v. M.M.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-29T00:00:00-08:00

Citation: 945 So. 2d 637

Snippet: shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in

Tb v. Mm

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-28T23:53:00-08:00

Citation: 945 So. 2d 637

Snippet: shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in

E.K. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-09T00:00:00-07:00

Citation: 874 So. 2d 720, 2004 Fla. App. LEXIS 8019, 2004 WL 1252690

Snippet: of the county where the defendant resides.” § 742.021. The Uniform Interstate Family Support Act (UIFSA

Thurston v. Thurston

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-15T00:00:00-08:00

Citation: 777 So. 2d 1001, 2000 Fla. App. LEXIS 16357, 2000 WL 1838640

Snippet: determination of paternity under sections 742.011, 742.021, and 742.031, Florida Statutes (1973), under which

J.L.S. v. R.J.L.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-02-13T00:00:00-08:00

Citation: 708 So. 2d 293, 1998 Fla. App. LEXIS 1238

Snippet: either the plaintiff or defendant resides. See § 742.021, Fla. Stat. (1995). J.L.S.’s initial election of

Jls v. Rjl

Court: Fla. Dist. Ct. App. | Date Filed: 1998-02-12T23:53:00-08:00

Citation: 708 So. 2d 293

Snippet: either the plaintiff or defendant resides. See § 742.021, Fla. Stat. (1995). J.L.S.'s initial election

Blackwood v. Anderson

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-30T23:53:00-08:00

Citation: 664 So. 2d 37

Snippet: procedurally correct determination of paternity. Section 742.021, Florida Statutes (1993), requires that the person

State, Department of Health & Rehabilitative Services ex rel. D.A.R. v. C.M.N.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-16T00:00:00-08:00

Citation: 661 So. 2d 22, 1994 Fla. App. LEXIS 12218, 1994 WL 700666

Snippet: shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in

Rogers v. Truitt

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-28T00:00:00-08:00

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

Snippet: court. . § 742.011, Fla.Stat. (1989). . § 742.021, Fla.Stat. (1989). . § 742.031, Fla.Stat. (1989

Miller v. Popkin

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-14T00:00:00-08:00

Citation: 502 So. 2d 28, 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6279

Snippet: shall be dismissed and the bond provided for in § 742.021 shall be void. The record of the proceedings in

Beckles v. Grover

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-05T00:00:00-08:00

Citation: 496 So. 2d 993, 11 Fla. L. Weekly 2337, 1986 Fla. App. LEXIS 10512

Snippet: venue in this action is controlled by section 742.021, Florida Statutes (1985). That statute provides

Stewart v. Coleman

Court: Fla. Dist. Ct. App. | Date Filed: 1982-04-05T00:00:00-08:00

Citation: 413 So. 2d 93, 1982 Fla. App. LEXIS 19602

Snippet: the action, to Leon County. By virtue of Section 742.021, Florida Statutes (1979), plaintiff was entitled… of the transfer, in Leon County. That Section 742.021 grants the woman the initial choice of venue in

Knauer v. Barnett

Court: Fla. | Date Filed: 1978-06-08T00:53:00-07:00

Citation: 360 So. 2d 399

Snippet: shall be dismissed and the bond provided for in § 742.021 shall be void ..." It is significant that …Probate Law, in pari materia with Sections 742.011, 742.021, 742.031, and 742.091, Florida Statutes (1973),…determination of paternity pursuant to Sections 742.011, 742.021, and 742.031, Florida Statutes (1973), whereby …these statutory provisions. See Sections 742.011, 742.021, and 742.031, Florida Statutes (1973); Bishop v