Florida Statute 742.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.10

742.10 Establishment of paternity for children born out of wedlock.—

(1) Except as provided in chapters 39 and 63, this chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock. If the establishment of paternity has been raised and determined within an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers’ compensation or similar compensation programs; if an affidavit acknowledging paternity or a stipulation of paternity is executed by both parties and filed with the clerk of the court; if an affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 or s. 382.016 is executed by both parties; or if paternity is adjudicated by the Department of Revenue as provided in s. 409.256, such adjudication, affidavit, or acknowledgment constitutes the establishment of paternity for purposes of this chapter. If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier. Both parents must provide their social security numbers on any acknowledgment of paternity, consent affidavit, or stipulation of paternity. Except for affidavits under seal pursuant to ss. 382.015 and 382.016, the Office of Vital Statistics shall provide certified copies of affidavits to the Title IV-D agency upon request.

(2) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

(3) The department shall adopt rules which establish the information which must be provided to an individual prior to execution of an affidavit or voluntary acknowledgment of paternity. The information shall explain the alternatives to, the legal consequences of, and the rights, including, if one parent is a minor, any rights afforded due to minority status, and responsibilities that arise from acknowledging paternity.

(4) After the 60-day period referred to in subsection (1), a signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge, except upon a finding of good cause by the court.

(5) Regardless of whether paternity is established in an action under s. 742.011 or this section, the determination of parental responsibility and child support and the creation of a parenting plan and time-sharing schedule must be established in an action brought under s. 742.011. Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity. This section may not be construed to prevent the Department of Revenue from establishing child support by an administrative order pursuant to s. 409.2563.

History.—s. 9, ch. 26949, 1951; s. 10, ch. 27991, 1953; s. 7, ch. 75-166; s. 153, ch. 86-220; s. 28, ch. 92-138; s. 21, ch. 93-208; s. 8, ch. 94-318; s. 70, ch. 97-170; s. 114, ch. 97-237; s. 41, ch. 99-397; s. 22, ch. 2001-53; s. 19, ch. 2004-334; s. 39, ch. 2005-39; s. 25, ch. 2008-151; s. 2, ch. 2023-209.

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Amendments to 742.10

Arrestable Offenses / Crimes under Fla. Stat. 742.10

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.10.

Annotations, Discussions, Cases:

Cases Citing Statute 742.10

Total Results: 20

Michael J. Heather v. Chad Spencer and Amanda C. Watson

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-18T00:00:00-07:00

Snippet: acknowledgement was the product of fraud. See § 742.10(1), (4), Fla. Stat. (2023). We agree. Based

N. D. v. J. B.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-15T00:00:00-07:00

Snippet: certificate. See § 742.10(1). 2 Section 742.10(1) provides that …the burden of proof upon the challenger." § 742.10(4) (emphasis added). Because the parties did not…quot; Van Weelde, 110 So. 3d at 921; see also § 742.10(5) ("Judicial or administrative proceedings…proof to rebut the presumption of paternity. See § 742.10(4). The mother contends that there was "some

Melissa Azrack, etc. v. In Re: Estate of Malcolm Joel Dorman

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-10T00:00:00-08:00

Snippet: and SCALES, JJ. PER CURIAM. Affirmed. See § 742.10(1), Fla. Stat. (2023) (“[A] notarized voluntary

LOUIS ROMAN OROSCO v. MIGUEL A. RODRIGUEZ AND BRITTANY NICOLE DIEHL

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-15T00:00:00-08:00

Snippet: paternity in favor of Rodriguez under section 742.10, Florida Statutes (2018). As such, a final judgment…presumption in favor of Rodriguez pursuant to section 742.10, and a common law presumption of legitimacy in…him as the child’s legal father. Section 742.10, titled “Establishment of paternity for children…finding of good cause by the court. § 742.10(1), (4) (emphasis added). Although Rodriguez signed…Fla. 5th DCA 2019). The first sentence of section 742.10 states “this chapter provides the primary jurisdiction

DANA MORITZ v. CHRISTOPHER STONECIPHER

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-15T00:53:00-07:00

Snippet: child’s birth in 2014. In accordance with section 742.10(4), Florida Statutes (2014), the father signed … An acknowledgment of paternity under section 742.10 creates a “rebuttable presumption” of paternity…paternity if unchallenged after sixty days. § 742.10(1), Fla. Stat. (2014). But that section does not vest the

JAMES ENRIQUEZ vs ASHLEY VELAZQUEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-03T00:00:00-07:00

Snippet: by this case, I observe the following: section 742.10 provides for the establishment of paternity for

STATE OF FLORIDA, DEPARTMENT OF REVENUE v. HUGO A. TROCHEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-03T00:53:00-07:00

Snippet: 1104, 1108 (Fla. 3d DCA 2014). Section 742.10, Florida Statutes (2022), governs …of paternity for purposes of [chapter 742].” § 742.10(1), Fla. Stat. The acknowledgment additionally …with the burden of proof upon the challenger.” § 742.10(4), Fla. Stat. (emphasis added). Alternatively

JOSE R. CASTILLO v. SOLIMAR RODRIGUEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-21T23:53:00-08:00

Snippet: s—reliance on section 742.10(4), Florida Statutes, is misplaced. Importantly, section 742.10(4), Florida Statutes…of paternity for Castillo pursuant to sections 742.10(4) and 742.18, Florida Statutes, and establishment…judgment relying on sections 742.12(4), 742.18(11) and 742.10(4), Florida Statutes, as the bases for disestablishment… avers that sections 742.18(11), 742.12(4), and 742.10, Florida Statutes, support her petition to disestablish…challenging a paternity determination pursuant to s. 742.10(4).” § 742.18(11), Fla. Stat. As explained

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms-12.951(a) and (B).

Court: Fla. | Date Filed: 2018-06-21T00:00:00-07:00

Citation: 246 So. 3d 1121

Snippet: acknowledgment of paternity as provided by section 742.10(4), Florida Statutes. It is therefore ORDERED

Dept. of Revenue v. Augustin

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-02T23:53:00-08:00

Snippet: born 11/15/2006) as a matter of law under section 742.10, Florida Statutes. In August 2015, Augustin filed

J.R-P. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-04T00:00:00-07:00

Citation: 228 So. 3d 628

Snippet: mistake of fact” by a “challenger.” § 742.10(4). Nothing in section 742.10(4) precludes a child’s biological…burden of proof upon the challenger.” § 742.10(4). Section 742.10(4) opens an avenue for O.R. to challenge… presented an issue within the scope of section 742.10(4), which allows a challenge to paternity established…challenging a paternity determination, pursuant to s. 742.10(4).” § 742.18(11). Paternity established through

Anderson v. State Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

Citation: 202 So. 3d 966, 2016 Fla. App. LEXIS 16646

Snippet: and the person to be named as the father.”); § 742.10(1), Fla. Stat. (2015) (“[I]f an affidavit acknowledging

Baker v. Tunney

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-21T00:00:00-07:00

Citation: 201 So. 3d 1235, 2016 Fla. App. LEXIS 15697

Snippet: adjudicated the biological parent pursuant to section 742.10, Florida Statutes (2015), or the parties must have

A.D.A. v. D.M.F.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-07T00:00:00-07:00

Citation: 204 So. 3d 523, 2016 Fla. App. LEXIS 13457

Snippet: or there, was no “material mistake in fact.” § 742.10(4), Fla. Stat. (2010). *524We reverse and remand…natural father” of the child. As described in section 742.10(1), Florida Statutes (2010), this Acknowledgement… entitled “Determination of Parentage.” Section 742.10(1) provides that, for a child born out of wedlock…with the burden of proof upon the challenger.” § 742.10(4); see also J.A.I. v. B.R, 160 So.3d 473, 474 …material mistake of fact). Clearly, the section 742.10(1) presumption should not apply if the Acknowledgment

Rose v. Sonson

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-07T00:00:00-07:00

Citation: 208 So. 3d 136, 2016 Fla. App. LEXIS 13408

Snippet: provided in section 95.11(3)(b). Id.; see § 742.10, Fla. Stat. (2016) (“Except as provided in chapters

A.D.A., the mother and M.J.L., the father v. D.M.F., the husband

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-08T00:53:00-07:00

Snippet: natural father” of the child. As described in section 742.10(1), Florida Statutes (2010), this Acknowledgement…Acknowledgement of Paternity. Section 742.10(1) provides that, for a child born out of wedlock….” Id. The problem with applying the section 742.10(1) presumption is that the Acknowledgment of Paternity…Acknowledgement of Paternity pursuant to section 742.10(1), apparently with a good faith belief that it

State Of Florida, Dept. Of Revenue v. Gary L. Ceasar, Jr.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-25T00:00:00-07:00

Citation: 188 So. 3d 989, 2016 Fla. App. LEXIS 6248

Snippet: proof upon *991 the challenger.” § 742.10(4), Fla. Stat. (2015). Alternatively, a male may… basis to disestablish paternity under either § 742.10(4) or § 742.18. And there were no pending paternity

The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-30T00:00:00-08:00

Citation: 182 So. 3d 738, 2015 Fla. App. LEXIS 19433

Snippet: operate an airboat between the hours *742 of 10:00 p.m. and 7:00 a.m. Sunday through Thursday

FLORIDA DEPARTMENT OF Revenue, etc. v. Christopher Lee Spraggs

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-20T00:00:00-07:00

Citation: 213 So. 3d 959

Snippet: with the burden of proof upon the challenger.” § 742.10(4), Fla. Stat. (2015). Alternatively, a male may…contest or disestablish paternity under subsection 742.10(4) or under section 742.18. Simply put, there was

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: acknowledgment of paternity as provided by section 742.10(4), Florida Statutes. It is therefore