Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 742.091 | Lawyer Caselaw & Research
F.S. 742.091 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 742.091

The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 742
DETERMINATION OF PARENTAGE
View Entire Chapter
F.S. 742.091
742.091 Marriage of parents.If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock, and upon the payment of all costs and attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in such cases shall be sealed against public inspection in the interests of the child.
History.s. 1, ch. 57-267; s. 6, ch. 75-166; s. 4, ch. 90-139.

F.S. 742.091 on Google Scholar

F.S. 742.091 on Casetext

Amendments to 742.091


Arrestable Offenses / Crimes under Fla. Stat. 742.091
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.091.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- A AND B, 246 So. 3d 1121 (Fla. 2018)

. . . married the child(ren)'s other parent while known as the reputed father in accordance with section 742.091 . . .

A. D. A. M. J. L. v. D. M. F., 204 So.3d 523 (Fla. Dist. Ct. App. 2016)

. . . Section 742.091 provides that if the “mother of any child born out of wedlock and the reputed father . . . respects be deemed and held to .be the child of the husband and wife, as though born within wedlock.” § 742.091 . . . The term “reputed father,” as used in section 742.091, “can be interpreted to mean the individual generally . . . child’s biological father, then he could not be the “reputed” father within the meaning of section 742.091 . . .

J. A. I. J. K. C. v. B. R., 160 So. 3d 473 (Fla. Dist. Ct. App. 2015)

. . . Noting that section 742.091 provides that “[i]f the mother of any child born out of wedlock and the reputed . . .

VAN WEELDE, v. VAN WEELDE,, 110 So. 3d 918 (Fla. Dist. Ct. App. 2013)

. . . See § 742.091 (providing that if the mother of a child born out of wedlock and the reputed father marry . . .

RETUYA, a. k. a. v. SECRETARY, DEPARTMENT OF HOMELAND SECURITY, III, A. USA,, 412 F. App'x 185 (11th Cir. 2010)

. . . . § 742.091. Here, it is undisputed that Retuya’s mother and father never married each other. . . .

D. L. P. v. C. L. G. A. R. L., 37 So. 3d 897 (Fla. Dist. Ct. App. 2010)

. . . See § 742.091, Fla. . . .

A. S. v. S. F. A. F., 4 So. 3d 774 (Fla. Dist. Ct. App. 2009)

. . . The court further recognized that through the application of section 742.091, Florida Statutes, the holding . . . The court then found that pursuant to section 742.091, the case should be resolved as if the child had . . . Section 742.091 provides: If the mother of any child born out of wedlock and the reputed father shall . . . Thus, “reputed father” as used in section 742.091 can be interpreted to mean the individual generally . . .

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

. . . The Mother moved to dismiss his petition, relying on section, 742.091, Florida Statutes (2006), and L.A . . . Nevertheless, it felt constrained to dismiss the Father’s petition based on section 742.091, Florida . . . We reversed because we concluded that neither existing case law nor the provisions in section 742.091 . . . Section 742.091, Florida Statutes (2006) (Marriage of parents) provides: If the mother of any child bom . . . The language of section 742.091 has not changed between 2004 and 2006. . See generally Chris W. . . .

WILLIAMS- RAYMOND, v. JONES,, 954 So. 2d 721 (Fla. Dist. Ct. App. 2007)

. . . respects be deemed and held to be the child of the husband and wife, as though born within wedlock_” § 742.091 . . . only when paternity “has not been established by law or otherwise” and, as a consequence of section 742.091 . . .

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

. . . We reverse because we conclude that neither existing case law nor the provisions in section 742.091, . . . We did so in part based upon the provisions of section 742.091, which reads: If the mother of any child . . . M.M. argues that this case is controlled by LA. and section 742.091 because the actions following the . . . the provisions of section 742.10(1) are more applicable to these proceedings than those in section 742.091 . . .

SULLIVAN, v. SAPP,, 866 So. 2d 28 (Fla. 2004)

. . . was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091 . . .

BELAIR, v. DREW,, 776 So. 2d 1105 (Fla. Dist. Ct. App. 2001)

. . . was bom out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091 . . .

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

. . . Section 742.091, Florida Statutes (1973), provides that marriage by the “reputed father” to the mother . . .

LOWE, v. BROWARD COUNTY,, 766 So. 2d 1199 (Fla. Dist. Ct. App. 2000)

. . . . § 742.091); and, certain state and federal tax benefits. . . .

RICHARDSON, v. RICHARDSON,, 766 So. 2d 1036 (Fla. 2000)

. . . was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091 . . .

HARRIS, v. HARRIS, v., 753 So. 2d 774 (Fla. Dist. Ct. App. 2000)

. . . summary judgment for the following reasons: First, it does not appear from the record that section 742.091 . . .

SAUL v. BRUNETTI,, 753 So. 2d 26 (Fla. 2000)

. . . was born out of wedlock and not later detennined to be a child born within wedlock as provided in s. 742.091 . . .

D. LONON v. FERRELL, 739 So. 2d 650 (Fla. Dist. Ct. App. 1999)

. . . was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091 . . .

BRUNETTI, v. SAUL, 724 So. 2d 142 (Fla. Dist. Ct. App. 1998)

. . . was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091 . . .

VON EIFF v. AZICRI, 720 So. 2d 510 (Fla. 1998)

. . . was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091 . . .

WILLIAMS, F. H. IV, v. SPEARS,, 719 So. 2d 1236 (Fla. Dist. Ct. App. 1998)

. . . was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091 . . .

I. A. v. H. H., 710 So. 2d 162 (Fla. Dist. Ct. App. 1998)

. . . Section 742.091 provides that “[i]f the mother of any child bom out of wedlock and the reputed father . . . Reading that statute in pari materia with section 742.091, the court wrote that “[w]e are persuaded that . . . To the contrary, by enacting section 742.091 the legislature expanded the common law rule to include . . . birth, by law K.H. was “in all respects” deemed to be N.H.’s child, “as though born within wedlock.” § 742.091 . . . CHILD TO BE DEEMED THE CHILD OF THE HUSBAND AND WIFE AS THOUGH BORN WITHIN WEDLOCK PURSUANT TO SECTION 742.091 . . .

VON EIFF v. AZICRI, 699 So. 2d 772 (Fla. Dist. Ct. App. 1997)

. . . was born out of wedlock and not later determined to be a child born within wedlock as provided in § 742.091 . . . was born out of wedlock and not later determined to be a child bom within wedlock as provided in s. 742.091 . . .

BEAGLE, v. BEAGLE,, 678 So. 2d 1271 (Fla. 1996)

. . . was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091 . . .

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

. . . Nor does a presumption of legitimacy arise under section 742.091, Florida Statutes (1991), because the . . . Massachusetts and transmitted to Florida under the Uniform Reciprocal Enforcement of Support Act. . § 742.091 . . .

K. LOPEZ, v. O. LOPEZ,, 627 So. 2d 108 (Fla. Dist. Ct. App. 1993)

. . . while its mother is lawfully married to its reputed father is a legitimate child by virtue of section 742.091 . . .

DENNIS, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 566 So. 2d 1374 (Fla. Dist. Ct. App. 1990)

. . . afterwards married and this result is now dictated by statutes in American states, including section 742.091 . . . while its mother is lawfully married to its reputed father is a legitimate child by virtue of section 742.091 . . .

REITER, v. MASON, a k a, 563 So. 2d 749 (Fla. Dist. Ct. App. 1990)

. . . See § 742.091, Fla.Stat. (1989). . . .

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

. . . In our view the legislature specifically contemplated such a situation when it enacted Section 742.091 . . .

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

. . . In this connection, § 742.091, Fla.Stat. (1973), a part of the bastardy statute, should be considered . . . in pari materia with § 731.-29(1), supra. § 742.091 states as follows: “If the mother of any bastard . . . Statutes (1973), the Florida Probate Law, in pari materia with Sections 742.011, 742.021, 742-031, and 742.091 . . . Section 742.091, Florida Statutes (1973), provides that marriage by the “reputed father” to the mother . . . meant the “reputed father” and the mother in relation to both statutes [Section 731.29(1) and Section 742.091 . . .

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

. . . . § 742.091 states as follows: “If the mother of any bastard child and the reputed father shall at any . . .

SACKS, v. SACKS,, 267 So. 2d 73 (Fla. 1972)

. . . . § 742.091, F.S.A., Marriage of Parents, provides in pertinent part as follows: “If the mother of any . . .

In ESTATE CALDWELL, COMER, M. v. CALDWELL,, 247 So. 2d 1 (Fla. 1971)

. . . . § 742.091, F.S.A. A judgment of adoption makes the child a legal heir. Fla.Stat. § 72.22, F.S.A. . . .