Florida Statute 742.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.021

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

Annotations, Discussions, Cases:

Cases Citing Statute 742.021

Total Results: 21

Knauer v. Barnett

360 So. 2d 399

Supreme Court of Florida | Filed: Jun 8, 1978 | Docket: 1474656

Cited 26 times | Published

shall be dismissed and the bond provided for in § 742.021 shall be void ..." It is significant that the

Clarke v. Blackburn

151 So. 2d 325

District Court of Appeal of Florida | Filed: Mar 20, 1963 | Docket: 1674189

Cited 16 times | Published

instituted only by the mother of such a child, § 742.021, Florida Statutes, F.S.A. The obligee's participation

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

to determine the paternity of such child. Section 742.021 states that the proceedings shall be by verified

Jls v. Rjl

708 So. 2d 293, 1998 WL 56267

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 1528324

Cited 7 times | Published

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

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

to determine the paternity of such child." Section 742.021, Fla. Stat., F.S.A., states: "The proceedings

Barnett v. Barnett

336 So. 2d 1213

District Court of Appeal of Florida | Filed: Aug 13, 1976 | Docket: 1378945

Cited 3 times | Published

shall be dismissed and the bond provided for in § 742.021 shall be void ..." It is significant that the

Slowinski v. Sweeney

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

District Court of Appeal of Florida | Filed: Jun 27, 2013 | Docket: 60232772

Cited 1 times | Published

for determination of paternity, pursuant to section 742.021, Florida Statutes, in the same circuit court

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

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

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64779866

Cited 1 times | Published

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

Blackwood v. Anderson

664 So. 2d 37, 1995 WL 704742

District Court of Appeal of Florida | Filed: Dec 1, 1995 | Docket: 1229549

Cited 1 times | Published

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

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

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

Published

established by law or otherwise. (emphasis added). Section 742.021(1) then states: “The proceedings must be in

Beckford v. Drogan

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

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 60256376

Published

Beach County, and venue is proper based on section 742.021(1), Florida Statutes (2016), which permits

William J. Corio v. Lopez

190 So. 3d 1152, 2016 Fla. App. LEXIS 6975, 2016 WL 2596324

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063749

Published

which either the plaintiff or defendant resides. § 742.021(1), Fla. Stat. (2015). This specific venue statute

Ozuna v. Sheard

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

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60229451

Published

transfer the case to Broward County, pursuant to section 742.021, Florida Statutes (2012), which provides that

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

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

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64830953

Published

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

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

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

Miller v. Popkin

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

District Court of Appeal of Florida | Filed: Jan 14, 1987 | Docket: 64624861

Published

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

Beckles v. Grover

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

District Court of Appeal of Florida | Filed: Nov 5, 1986 | Docket: 64622663

Published

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

Stewart v. Coleman

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

District Court of Appeal of Florida | Filed: Apr 5, 1982 | Docket: 64589576

Published

filed the action, to Leon County. By virtue of Section 742.021, Florida Statutes (1979), plaintiff was entitled

Ferguson v. Little

266 So. 2d 363, 1972 Fla. App. LEXIS 6299

District Court of Appeal of Florida | Filed: Sep 14, 1972 | Docket: 64527492

Published

. . “It is the holding of this Court that Section 742.021, Florida Statutes 1965, F.S.A., controls and

Paulet v. Hickey

206 So. 2d 30

District Court of Appeal of Florida | Filed: Jan 19, 1968 | Docket: 64503692

Published

A., controls, and the appellee contending Section 742.021 controls. The applicable provision of Section

Mocher v. Rasmussen-Taxdal

180 So. 2d 488, 1965 Fla. App. LEXIS 3875

District Court of Appeal of Florida | Filed: Dec 3, 1965 | Docket: 64494751

Published

Pena, Fla.App.1963, 148 So.2d 735) Further, Section 742.021, Fla.Stats., F. S.A., relating to venue and