Florida Statutes
Fla. Stat. § 742.021 (2025)
Venue, process, complaint.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1963–2024 · leading case: William J. Corio v. Lopez, 190 So. 3d 1152 (Fla. 5th DCA 2016).
William J. Corio v. Lopez, 190 So. 3d 1152 (Fla. 5th DCA 2016). “Corio’s initial selection of venue was proper under section 742.021 since he resides in Orange County.”
Knauer v. Barnett, 360 So. 2d 399 (Fla. 1978). “091 states as follows: "If the mother of any bastard child and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held legitimate, and upon the payment of all costs and attorney fees as determined by the court, the…”
Stewart v. Coleman, 413 So. 2d 93 (Fla. 1st DCA 1982). “By virtue of Section 742.021, Florida Statutes (1979), plaintiff was entitled to select venue as between “the county in which the woman resides or the county in which the alleged father resides.”
Slowinski v. Sweeney, 117 So. 3d 73 (Fla. 1st DCA 2013). “The same day the grandmother filed her petition, on September 15, 2008, Patrick Sweeney, of Pennsylvania, filed his petition for determination of paternity, pursuant to section 742.021, Florida Statutes, in the same circuit court (case no.”
Blackwood v. Anderson, 664 So. 2d 37 (Fla. 5th DCA 1995). “Section 742.021, Florida Statutes (1993), requires that the person claiming paternity file a complaint in the circuit court, and that the complaint be served on the adverse party.”
Clarke v. Blackburn, 151 So. 2d 325 (Fla. 2d DCA 1963). “The proceedings there authorized may be instituted only by the mother of such a child, § 742.021, Florida Statutes, F.S.A. The obligee's participation in any proceedings under Chapter 88, Florida Statutes, F.”
J.L.S. v. R.J.L., 708 So. 2d 293 (Fla. 2d DCA 1998). “’s motion alleges matters that could support a venue change.”
Carpenter v. Sylvester, 267 So. 2d 370 (Fla. 3d DCA 1972). “Section 742.021 states that the proceedings shall be by verified complaint filed in the circuit court "of the county in which the woman resides or of the county in which the alleged father resides," and provides for process to be directed to "the defendant," requiring "the…”
Barnett v. Barnett, 336 So. 2d 1213 (Fla. 1st DCA 1976). “091 states as follows: "If the mother of any bastard child and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held legitimate, and upon the payment of all costs and attorney fees as determined by the court, the…”
De Moya v. De Pena, 148 So. 2d 735 (Fla. 3d DCA 1963). “" Section 742.021, Fla. Stat., F.S.A., states: "The proceedings shall be by verified complaint filed in the circuit court of the county in which the woman resides or of the county in which the alleged father resides.”
Beckles v. Grover, 496 So. 2d 993 (Fla. 2d DCA 1986). “The argument he makes here and which from the wording of the order of denial was apparently accepted by the court below is that venue in this action is controlled by section 742.021, Florida Statutes (1985).”
E.K. v. Dep't of Child. & Fam. Servs., 874 So. 2d 720 (Fla. 2d DCA 2004). “” § 742.021. The Uniform Interstate Family Support Act (UIFSA), chapter 88, Florida Statutes (2003), is the vehicle for Florida courts to establish jurisdiction over certain nonresidents in proceedings to determine parentage.”
— 742.021(1) — 3 cases
William J. Corio v. Lopez, 190 So. 3d 1152 (Fla. 5th DCA 2016). “Corio’s initial selection of venue was proper under section 742.021 since he resides in Orange County.”
Beckford v. Drogan, 198 So. 3d 1001 (Fla. 4th DCA 2016).
C. T., n/k/a C. S. v. T. G. (Fla. 6th DCA 2024).
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