Florida/Georgia Personal Injury & Workers Compensation

...Chapter 742 of the Florida Statutes also relates to the determination of parentage. Section 742.10(1), Florida Statutes (2005), states that "[t]his chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock." Section 742.011, Florida Statutes (2005), provides: Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the p...

...lorida, providing that the courts shall be open to every person for the redress of any injury; and of Amendment XIX of the United States Constitution prohibiting discrimination by reason of sex. The pertinent sections of the statute under attack are § 742.011, Florida Statutes, providing: "Any unmarried woman who shall be pregnant or delivered of a bastard child may bring proceedings in the circuit court, in chancery, to determine the paternity of such child." (Emphasis supplied) Also, § 742.1...

...e circuit court. Consequently, the proceedings were quasi-criminal in their inception but became civil once they reached the circuit court. State v. Rowe, 99 Fla. 972, 128 So. 7 (1930). Today the proceedings are civil in nature from their inception. Section 742.011, Florida Statutes....

...eputed father, one of the strongest rebuttable presumptions known to the law is required to be overcome before the child can be bastardized. We turn now to the appellant's assertion that this Court might properly construe out the word "unmarried" in Section 742.011, Florida Statutes....

...married"? Since we are unable to construe the statute in the fashion asserted by the appellant and are unwilling to accept a principle of law that a woman can somehow become "de facto unmarried" there remains the question of the constitutionality of § 742.011, Florida Statutes....

...ed States and Article I, § 2 of the Constitution of the State of Florida or access to the courts mandated by Article I, § 21 of the Constitution of the State of Florida? The test, basically, is whether the classification made by the Legislature in § 742.011, Florida Statutes, is reasonable....

...from the father's employer or from a tortfeasor causing the death of the father. Therefore, to require that the mother of an illegitimate child be legally unmarried at the time of the child's conception in order to bring suit under the provisions of § 742.011, Florida Statutes, is an unreasonable and invidious discrimination against such child, depriving the child of equal protection of the law mandated by Article I, § 2 of the Constitution of the State of Florida and the Fourteenth Amendment to the Constitution of the United States....

...tural parent of appellant's children, but at the same time appellant would be precluded from establishing by adjudication, before or after his death, the paternity of the natural father. This further serves to point up the discrimination inherent in § 742.011, Florida Statutes....

...ennelly v. Davis, supra , and the cases therein cited insofar as they prohibit suit by a married woman to gain the benefits for her illegitimate child under Chapter 742, Florida Statutes. In view of the foregoing conclusions, we hold that portion of § 742.011, Florida Statutes, which limits actions thereunder to unmarried women to be unconstitutional in contravention of Article I, § 2 of the Constitution of the State of Florida and the Fourteenth Amendment to the Constitution of the United Sta...

...OVERTON, C.J., and ROBERTS, ADKINS and HATCHETT, JJ., concur. BOYD, J., dissents with an opinion. ENGLAND, J., dissents with an opinion. BOYD, Justice (dissenting). The majority opinion recedes from Kennelly v. Davis, 221 So.2d 415 (Fla. 1969), which held Section 742.011, Florida Statutes, does not unconstitutionally deny equal protection of the laws....

...Section 732.108, Florida Statutes, Chapter 74-106, Laws of Florida, permits a child born out of wedlock to inherit from an intestate father if paternity is established by adjudication. This statute was passed as part of a reformed Probate Code while Section 742.011, Florida Statutes, was not yet declared unconstitutional....

...The Court has undoubtedly reached a just result for this case, but I cannot agree that the conclusion properly flows from the reasoning employed to get there. The Court has achieved by lengthy judicial legerdemain precisely what it said at the outset it was unwilling to do — strike the word "unmarried" from Section 742.011....

...er 86, Florida Statutes (1977). The trial court held that a putative father may not bring an action for adjudication of paternity under either chapter and dismissed the case on the pleadings. Because the trial court ruled on the constitutionality of section 742.011, Florida Statutes, we have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution....

...Appellant apparently has custody of the children and has provided for their support. He seeks (a) an adjudication of paternity and amendment of the children's birth certificates and their names to reflect that he is the natural father, (b) alternative declaratory relief under chapter 86, Florida Statutes, declaring section 742.011, Florida Statutes, unconstitutional as a violation of equal protection under the United States [1] and Florida Constitutions [2] and a denial of access to the courts under the Florida Constitution, [3] and (c) a court order of child custody and child support from the natural mother....

...the fifth child is not alleged or otherwise reflected in the record. Both Annie and Dennis Everheart admit that appellant is the natural father of the children listed in appellant's complaint. [4] Since appellant challenged the constitutionality of section 742.011, Florida Statutes, the state, acting through the Attorney General, intervened in the case pursuant to section 86.091, Florida Statutes, [5] to defend the constitutionality of the challenged statute. Upon the state's motion, the trial court dismissed appellant's action on the pleadings. The trial court held that Kendrick did not state a legal cause of action under section 742.011, reasoning that the purpose of the paternity statute is to provide a natural mother with a judicial mechanism for obtaining child support from the natural father rather than to provide a putative father with a means to prove his own paternity. *56 The trial court also held that a putative father may not bring an action for a declaratory judgment adjudicating his paternity under chapter 86, citing Ford v. Loeffler, 363 So.2d 23 (Fla. 3d DCA 1978). The court further determined that section 742.011 is constitutional and does not deny a man equal protection of the laws nor access to the courts....

...The case was, therefore, dismissed without prejudice to Kendrick's right to bring another action for the relief sought under any other more appropriate statutory remedy. From the trial court's judgment dismissing the suit, Kendrick brings this appeal. Section 742.011 of Florida's paternity act, chapter 742, provides that: Any unmarried woman who shall be pregnant or delivered of a child may bring proceedings in the Circuit Court, in chancery, to determine the paternity of such child. Appellant argues initially that section 742.011, as construed in Gammon v....

...impose an obligation on the natural father to provide support. Gammon v. Cobb, supra . Appellant asserts that he is furthering the child's interests in bringing this suit for adjudication of paternity. Therefore, he argues that the classification in section 742.011 is irrational because it denies to a man, who has supported and established a familial relationship with his children, the right to be legally declared the father....

...BOYD, Justice, concurring in part and dissenting in part. In concur in the result of the majority opinion insofar as it assures the appellant a judicial forum in which to establish that he is the father of the children in his care. I feel compelled, however, to express the dissenting view that section 742.011, Florida Statutes (1977), should be construed to allow a natural parent, whether a mother or a father, to bring an action to determine the paternity of children....

...stitutional, the Attorney General or the State Attorney of the judicial circuit in which the action is pending shall be served with a copy of the complaint and be entitled to be heard. [6] In Gammon v. Cobb , we held unconstitutional that portion of section 742.011 which limits paternity suits to women who are unmarried on the ground that it violated the equal protection clauses of the state and federal constitutions....

...atural father, irrespective of the mother's marital status at the time of conception, this Court decided that to require the mother of an illegitimate child to be legally unmarried at the time of the child's conception in order to bring a suit under section 742.011 was an unreasonable and invidious discrimination against the child....

...January 24, 1997. *1383 G.F. C., Orlando, pro se. Meredith J. Cohen of Meredith J. Cohen, P.A., Orlando, for Appellees. ANTOON, Judge. G.F.C. appeals the trial court's order dismissing his petition to establish paternity. G.F.C. contends that pursuant to section 742.011, Florida Statutes (1995), he has the right to challenge the paternity of a child born during an existing marriage....

...to present evidence as to whether he would be a better functional father than the husband. *1384 According to G.F.C., dismissal of this petition was improper because he has the legal right to seek an adjudication of paternity and legal fatherhood over the objection of the child's mother and her husband pursuant to section 742.011....

...See Gammon v. Cobb, 335 So.2d 261 (Fla.1976)(portion of the statute which limited persons who could bring paternity actions to unmarried mothers of illegitimate children violated equal protection guarantees of the state and federal constitutions). See also § 742.011, Fla.Stat. (1983). More recently, our legislature provided that, under certain circumstances, men also have the right to sue for paternity. See § 742.011, Fla.Stat. (Supp.1986). However, this statute does not expand this right to a man such as G.F.C. who declares himself to be the father of a child born to an intact marriage. In this regard, section 742.011 narrowly defines those who can sue to establish paternity, stating "any man who has reason to believe that he is the father of a child ......

...ainder of Chapter 742, including section 742.10, which states that "[t]his chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock. " (Emphasis added). Furthermore, as noted above, section 742.011 provides that a paternity action may be brought so long as paternity has not already been established "by law or otherwise." Paternity would be established "by law" when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10....

...Wells, Jr., of Maguire, Voorhis & Wells, Orlando, for appellee. THORNAL, Justice. Appellant Jones, who was defendant below, seeks reversal of a summary judgment entered in favor of the appellee in a statutory proceeding brought pursuant to Chapter 26949, Laws of Florida 1951, Section 742.011 et seq., Florida Statutes 1955, F.S.A....

...tisfied that they were substantial and mutual. Compellingly, the wife in return for the husband's promise to be a father and support the child gave up for herself and the child the right to initiate a bastardy action against the natural father under Section 742.011, 742.021, F.S....

...dgment and discretion award the custody of the child to him. 300 So.2d at 670. In 1980, the supreme court declared in Kendrick v. Everheart, 390 So.2d 53 (Fla. 1980), that although an unwed father was precluded from bringing a paternity action under section 742.011, Florida Statutes, he could nevertheless seek a declaratory judgment of paternity under chapter 86....

...We agree with the G.F.C. court's reasoning and conclusion. Here, the child was not born to an intact marriage. But we believe that the holding in G.F.C. applies to this case nonetheless. We begin this analysis by noting, as did the Fifth District, that section 742.011 provides that a circuit court may entertain a paternity action when the child's paternity "has not been established by law or otherwise." Paternity would be established "by law" when there has been an adjudication of paternity or by t...

...was "in all respects" deemed to be N.H.'s child, "as though born within wedlock." § 742.091, Fla. Stat. (1991). For this reason, we believe that this case is controlled by the holding in G.F.C. H.H. had no cause of action, and the circuit court had no authority to entertain his quest for parental rights to K.H. See § 742.011, Fla....

...Appellant Rodney Brown contends the chapter is unconstitutional because it denies the father of a bastard child the rights the father of a legitimate child enjoys. Appellant notes F.S. Section 61.13(2), F.S.A. provides for equal consideration as to father and mother in determining custody in dissolution proceedings, but that Section 742.011 provides for exclusive relief to the mother in bastardy proceedings, citing Pinkney v....

...that he is the father of the child simply because on that date there was no child whom he could rightfully claim as a dependant. Neither was there any judicial determination under the appropriate statutory proceeding of this State, Florida Statutes, § 742.011, that he is, in fact, the father of the child to whom he owes a legal obligation to support....

...Thereafter, respondent sporadically contributed support to the petitioner and his daughter. As noted above, the District Court of Appeal, Third District, reversed the Circuit Court. They did so on the basis of Kennelly v. Davis, 221 So.2d 415 (Fla. 1969). This was a paternity action brought under Fla. Stat. § 742.011, F.S.A., wherein a woman gave birth to a child conceived in, but born outside of, wedlock....

...The evidence tended to "[E]stablish a strong suspicion that Davis was the father of the appellant's child." (p. 416) Davis, the putative father did not admit his fatherhood, nor did he marry the child's mother. On these facts, we stated: "The study of the cases and the statute leads us to conclude that Section 742.011, Fla....

the adoption of the child would be required”); § 742.11, Fla. Stat. (2008) (defining the parental status

...oman and her husband object." Johnson v. Ruby, 771 So.2d 1275, 1275 (Fla. 4th DCA 2000); see also Tijerino v. Estrella, 843 So.2d 984, 985 (Fla. 3d DCA 2003); Bellomo v. Gagliano, 815 So.2d 721, 722 (Fla. 5th DCA 2002)("The court expressly held that section 742.011 does not extend to permit the alleged biological father of a child born of an intact marriage to sue for a determination of paternity.")....

...er as required by the statute) and on the ground that the action did not survive and would not lie against the personal representative of the alleged father. The trial court entered an order denying the motion to dismiss, and the defendant appealed. Section 742.011 Fla....

...ng. The trial court found that: 1. Johnson and Post had sexual relations. 2. Post then married Michael Post on September 5, 1999. 3. On September 17, 1999, Johnson filed the petition to establish paternity. 4. On October 8, 1999, the child was born. Section 742.011, Florida Statutes (1999) states, Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise....

...A paternity determination has been permitted in these other contexts where it was a necessary incident to the adjudication of the ultimate relief sought in the particular proceeding involved. Id. at 59 (emphasis added). In Gammon v. Cobb, 335 So.2d 261 (Fla. 1976), we held unconstitutional that part of section 742.011, Florida Statutes (1975), that allowed only unmarried women the right to bring an action for support based on paternity of a biological father who is not the husband....

..." § 768.18(1), Fla. Stat. (emphasis added). This provision does not refer to the marital status of the mother but, instead, refers to the marital status of a biological father who, at the time of the child's birth, was not married to the child's mother. [8] Section 742.011, Florida Statutes, was amended in 1986 to allow either a mother or a putative father to bring an action to determine paternity....

...[3] Chapter 742 entitled "Determination of Paternity" delineates the procedures for establishing the paternity of a child and provides that "Any unmarried woman who shall be pregnant or delivered of a child may bring proceedings in the circuit court, in chancery, to determine the paternity of such child." § 742.011, Fla....

...Thus chapter 742, Florida Statutes (2002), entitled "Determination of Parentage," specifically provides, "This chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock." § 742.10, Fla. Stat. (2002). Section 742.011 permits a paternity action only "when paternity has not been established by law or otherwise." [2] Moreover, so long as a couple remains married, the husband and legal father stands in loco parentis to the child and owes a duty of support to the child....

...District Court of Appeal of Florida, Third District. April 14, 1970. Rehearing Denied May 7, 1970. *146 Horton & Schwartz, Goodman & Peterson, Miami, for appellant. Duval & Bergstresser, Miami, for appellee. Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ. PER CURIAM. Proceeding under § 742.011 Fla....

...ating that conception had occurred during March), and on consideration of her pregnancy, including the birth of the child, expressed his opinion that the conception had occurred in the latter part of March 1967. In order to maintain the action under § 742.011 Fla....

...1968, 216 So.2d 795; aff'd. Kennelly v. Davis, Fla. 1969, 221 So.2d 415, cert. den. 396 U.S. 916, 90 S.Ct. 237, 24 L.Ed.2d 193. In the last cited case, the Supreme Court of Florida said: "The study of the cases and the statute leads us to conclude that Section 742.011, Fla....

...s receive support for said child from its putative father if she was married to another person at the time of conception." [3] The decision in this case should not be construed to hold or imply an action could not in any instance be maintained under § 742.011 Fla....

...the legal father of the minor child under Florida Law. Gilbertson sought shared parental responsibility and to be designated the primary residential parent. Boggs and her husband filed a Motion to Dismiss and to Seal Record alleging that pursuant to section 742.011, Gilbertson lacked standing to bring the paternity action on the grounds that he could not overcome the presumption of legitimacy given to the minor child by her legal father, Benjamin Boggs....

...ut naming an individual as guardian ad litem, no action was ever taken, or any pleadings filed, by anyone on behalf of H.L.G. n/k/a H.L.B. A hearing was held on Boggs' Motion to Dismiss and Seal Record. The trial court granted the motion pursuant to section 742.011....

...filed a new four-count complaint against Alison Boggs. The complaint alleged an independent action for fraud and a petition to establish paternity and visitation on behalf of Gilbertson, individually, and on behalf of the minor child, under sections 742.011 and 61.13....

...or action, there has been no adjudication as to the child's paternity, only as to her legitimacy. Thus, the only way to determine paternity is to allow blood or genetic testing. By making such an equitable argument, Gilbertson attempts to circumvent section 742.011 which limits who has standing to institute a paternity action. Section 742.011 provides that "[a]ny woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise." Courts have interpreted the language of section 742.011 to mean that a putative father has no cause of action to establish paternal rights where there is undisputed evidence that the mother's husband was the child's reputed father....

...See id. Without a substantive basis for the award of temporary appellate fees, the trial court erred in ordering Starkey to pay fees. See id. As in the case at bar, Starkey's petition for paternity and custody required that he seek relief under sections 742.011 and section 61.13....

...While the rule of law in Florida in the past has not allowed a married mother to give testimony that her children were illegitimate, the Supreme Court in its recent opinion in Gammon v. Cobb, 335 So.2d 261 (Fla. 1976), has freed a married woman to give such testimony. While that case dealt with a bastardy statute, § 742.011, Florida Statutes (1973), and a married woman's right to bring an action for support against the alleged father of her child, it would be incongruous to say that she can bring a support action and testify that her children are illegitimate...

...Although a paternity action is normally determined on the basis of biology, that is not always the case. Here, both the child's birth certificate and the divorce judgment served to establish paternity. Thus, technically, a paternity action could not be filed by D.F. See § 742.011, Fla....

...port. Id. See also comment q, illustration 9. [2] The putative father relies on State Department of Health and Rehabilitative Services v. Ricks, 530 So.2d 370 (Fla. 2d DCA 1988), but that reliance is misplaced. In Ricks the Second District held that section 742.011, Florida Statutes, allows a paternity action to be brought by a child or other person only if there has been no previous adjudication of the merits of the paternity claim....

...e, have jurisdiction of the petition for certiorari herein pursuant to Section 4 (2), Article V, Florida Constitution, F.S.A. The facts as stated in the opinion of the District Court are: "Phyllis Kennelly in a circuit court action filed pursuant to § 742.011, Fla....

...The parties agree that Sanders is `on all fours' with the present case." The District Court affirmed the lower court, holding that it would adhere to the holding of the Sanders case, supra. The study of the cases and the statute leads us to conclude that Section 742.011, Fla....

irrebuttably presumed to be Chester III's child. See § 742.11(1), Fla. Stat. (2008).

...ria, and, perhaps, whether or not Robert knew at the time of the divorce that Donna was pregnant. [2] See Gammon v. Cobb, 335 So.2d 261 (Fla. 1976); Shinall v. Pergeorelis, 325 So.2d 431 (Fla. 1st DCA 1975). [3] Section 742.10, Florida Statutes. [4] Section 742.011, Florida Statutes....

...[2] Although we are aware of no controlling case law, under the standing theory discussed above and the language of the paternity statute, the only person with standing to establish paternity once the child turned eighteen would presumably be the adult child. See § 742.011, Fla....

...Supreme Court of Florida. Division A. January 25, 1955. *372 Jack Kehoe, Miami, for appellant. Ginsberg & Pelle, Miami, for appellee. ROBERTS, Justice. The appellee, a resident of New York, filed suit against the appellant, a Florida resident, under Section 742.011, Florida Statutes, F.S.A., to obtain a decree declaring that appellant is the father of her child, born out of wedlock in July, 1943, in the State of New York, and also for support for the child....

...Several questions have been presented and argued here by the parties. We think, however, that the answer to one question is decisive of the entire matter, and that is: What is the period of retroactivity of the 1951 Bastardy Act, Chapter 26949, Laws of 1951, now appearing as Section 742.011, Fla....

...ic and would be returned to the state of Florida. The chancellor denied both motions and appellant appeals from that order. The basic question before us is whether the trial court had jurisdiction and thus correctly refused to dismiss the complaint. Section 742.011, Fla....

...We reverse the trial court's order denying a blood test. See Daniel v. Daniel, 695 So.2d 1253 (Fla.1997); Gantt v. Gantt, 716 So.2d 846 (Fla. 4th DCA 1998). We affirm the trial court's dismissal of Edward Church as a party to this proceeding. Under section 742.011, Florida Statutes (1997), appellant does not have standing to initiate a paternity action; he is neither a "woman who is pregnant or has a child," nor "any man who has reason to believe that he is the father of a child." Id....

...provision for trial by jury upon request so that the issue of paternity would be determined solely by the judge and (2) broadening the statute to permit "any man who has reason to believe he is the father of a child" to bring a paternity proceeding. § 742.011, Fla....

...he child's conception. The statute in effect at the time of the birth provided that: Any unmarried woman who shall be pregnant or delivered of a child may bring proceedings in the circuit court, in chancery, to determine the paternity of such child. Section 742.011, Florida Statutes (1969), (emphasis supplied)....

...It is true, as Nesmith contends on appeal, that, in the absence of clear legislative expression to the contrary, a law is presumed to operate prospectively only. Van Bibber v. Hartford Accident and Indemnity Insurance Co., 439 So.2d 880 (Fla. 1983). However, he neglects to recognize that the 1983 amendment of Section 742.011 was merely the legislative codification of an earlier judicial decision, Gammon v....

...sion a retrospective operation." Department of Revenue, supra, citing Florida Forest and Park Service v. Strickland, 154 Fla. 472, 18 So.2d 251, 253 (1944) (emphasis supplied). We do not find that such rights were acquired by Nesmith under Kennelly. Section 742.011 is intended solely to protect the rights of illegitimate children and to insure that all children are supported by their natural fathers, thus relieving the public of the obligation to provide support for them....

...e considered it. Florida law is very specific regarding who may bring paternity suits. The statutes governing paternity contain language indicating biological fathers may not challenge the paternity of children born to intact marriages. For example, section 742.011, Florida Statutes (2010), states paternity suits may be brought only "to determine the paternity of the child when paternity has not been established by law or otherwise." Paternity is "otherwise" established when the child is born to an intact marriage and recognized by the husband as his own child....

...Jones, 954 So.2d 721, 722 (Fla. 4th DCA 2007) (finding a child's paternity may *130 not be contested when the wife marries after the child is born and the husband participates in parenting the child); Bellomo v. Gagliano, 815 So.2d 721, 722 (Fla. 5th DCA 2002) (stating "section 742.011 does not extend to permit the alleged biological father of a child born of an intact marriage to sue for a determination of paternity"); see also S.D....

...Under the current version of the Florida Statutes, a voluntary acknowledgment of paternity creates a rebuttable presumption of paternity. See § 742.10(1), Fla. Stat. (1999). At the time of the execution of the birth certificate in this case, however, no such *127 provision existed. See, e.g., §§ 742.011-742.11, Fla....

...nted in the petition for modification. NOTES [1] No one contests that the official birth certificate in the record is not prima facie evidence of the facts stated therein. See § 382.35(5), Fla. Stat. (1985). [2] Although at the time of I.S.'s birth section 742.011, Florida Statutes (1985), only permitted a mother to initiate a paternity action, the supreme court had held that a father could establish paternity through a declaratory judgment action. See Kendrick v. Everheart, 390 So.2d 53 (Fla.1980). In addition, section 742.011 was amended effective October 1, 1986, to allow a putative father to file a petition to establish paternity. See § 742.011, Fla....

...f marriage case to "order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in s. 61.30." For parents who have never married, the legislature has given us chapter 742. It is no accident that section 742.011 provides that " any child, " among others, "may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise." [e.s.] Section 742.031(1) adds...

...The common law of this state now recognizes that the duty of support is for the benefit of and belongs to the children themselves, not their parents. Holland, 602 So.2d at 654-655. So too does the statute pertaining to children born out of wedlock. § 742.011 (any child may bring proceedings under paternity statute)....

...In the end, I think it plain from the foregoing analysis that it does not much matter anyway, either to our law or me, whether this action be deemed to arise under chapter 742. These children have a common law right to retroactive support within the period of the statute of limitations. And as I have also pointed out twice, section 742.011 specifically allows the affected children to initiate an action under the paternity statute....

...Cobb, 335 So.2d 261, 265 (Fla.1976), which flatly states that: "the public policy of the State of Florida for recognition and support of illegitimate children by the natural father ... has been expressed in other statutes and decisional law, notwithstanding [section 742.011 as then construed to preclude a paternity action by a woman married to another man]." Similarly the United States Supreme Court has made illegitimacy a suspect classification which is rarely valid....

...nt and that res judicata did not bar the subrogated claim of HRS. Wyatt is distinguishable from the present case because it did not involve an adjudication on the merits. In addition, appellant contends that this court misinterpreted the language of section 742.011, Florida Statutes (1987)....

...to believe that he is the father of a child, or any child may bring proceedings in the circuit court in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise. We find that the plain language of section 742.011 provides for an action by the child or other party only when there has not been a prior adjudication....

...ife as their child, the husband is deemed the legal father to the exclusion of all others and a man claiming to be the child's biological father has no common law, statutory or constitutional right to sue for paternity. The court expressly held that section 742.011 does not extend to permit the alleged biological father of a child born of an intact marriage to sue for a determination of paternity....

...West was the father of the child in question, they wanted to seek custody of that child. 2. Respondent advised the Wests that a putative father did not have a cause of action for custody, clearly misstating the law in Florida at that time. A cursory examination of Section 742.011, Florida Statutes, as amended in 1991, would have revealed that the advice given by the Respondent was incorrect....

...2nd DCA 1960), for that position. However, the rule in Florida that a mother is not permitted to have a child born in wedlock declared to be illegitimate has been changed. The Florida Supreme Court in Gammon v. Cobb, 335 So.2d 261 (Fla. 1976), held Florida Statute § 742.011, bastardy statute unconstitutional because it denied equal protection to married women who were not permitted to bring a paternity action....

was not based on a material mistake of fact. Section 742.011 provides that a man who believes that he may

...of the evidence. Reversed. NOTES [1] It should be noted that the quantum of proof, applicable at the time of the Bishop case, in proceedings under the prior bastardy statute, Comp.Gen.Laws 1927, § 5876, as in equity cases under the present statute (§ 742.011 Fla....

[7] § 403.537(1), Fla. Stat. (1981). [8] Cf. § 742.11, Fla. Stat. (1981). [9] § 90.301(2), Fla. Stat

wedlock — contemplated an action brought in court. § 742.011, Fla. Stat. (1973). Thus, it appears that the

paternity. G.F.C. contends that pursuant to section 742.011, Florida Statutes (1995), he has the right

...ly. Accordingly, Dykes asserts that the statute as currently worded violates the equal protection clauses of the federal and Florida constitutions. Amend. XIV, § 1, U.S. Const.; Art. I, § 2, Fla. Const. Prior to 1986 the Florida paternity statute, section 742.011, allowed only mothers to invoke its provisions....

(2010), governs determination of parentage. Section 742.011 provides the basis for the circuit court’s

by noting, as did the Fifth District, that section 742.011 provides that a circuit court may entertain

...the law relating to determination of paternity. One of the most notable cases reflecting changes in this area is Gammon v. Cobb, 335 So.2d 261 (Fla. 1976), in which the court held that a married woman has standing under Florida's paternity statute, Section 742.011, Florida Statutes (1981), to maintain a proceeding to establish that a man other than her husband was the natural father of children conceived and born to her during the existence of her marriage....

...§ 751.011, Fla. Stat. Chapter 751 does not define the term "parent." Chapter 742 is entitled "Determination of Parentage" and is the statutory vehicle by which paternity is established for children born out of wedlock. See § 742.10(1), Fla. Stat. Section 742.011 provides that "[a]ny woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the chi...

Rose was born, and until October 1986 when section 742.011 of the Florida Statutes was amended, only the

including issues of custody. However, according to Section 742.011, the only people who have standing to bring

of the case. Alternatively, he asserts that section 742.011 of the Florida Statutes (2015) violates the

exclusive basis of Ms. Ryan’s petition was section 742.011, Florida Statutes (1993), and since paternity

court dismissed the petition, finding that Section 742.011, Florida Statutes (1977), only gives a cause

decedent.” For example, Florida Statute § 742.11 provides, in relevant part, that “any child

Pena filed his second paternity action under section 742.011, *358which is on appeal here. In his petition

actually presented. The action was brought under § 742.011, Florida Statutes 1955, F.S.A., solely for periodic

procedure that was not employed in this case. Section 742.11 addresses the scenario in which a child conceived

and the statute leads us to conclude that Section 742.011, Fla.Stat, F.S.A., does not permit a woman

as circuit court proceedings. For example, section 742.011 states: Any woman who is pregnant

...not operate as res judicata to bar action by HRS on behalf of child against putative father for paternity and child support); State, Dep’t of Revenue, Office of Child Support Enforcement ex rel. D.J.N. v. Redding, 685 So. 2d 1000, 1000 (Fla. 3d DCA 1997). See also § 742.011, Fla....

action for child of an intact marriage because section 742.011, Florida Statutes (2000), applied only to children

...In support of his petition, the putative father filed several affidavits and documents evidencing that both petitioner and the respondent have previously acknowledged that petitioner is the father of the child. The trial court entered final summary judgment for respondent, on a finding that: 1. Section 742.011 Florida Statutes (1979) prohibits a putative father from bringing a paternity action against the mother of an illegitimate child. 2. If a putative father of an illegitimate child cannot establish his paternity, he is not entitled to visitation rights. 3. Section 742.011, Florida Statutes (1979) is unconstitutional in that it is in violation of equal protection clauses of the constitution in that it gives greater rights to the mother of an illegitimate child and the statute should be stricken. 4. In the absence of Section 742.011, Florida Statutes (1979) the common law applies. That under common law, a putative father has neither rights nor obligations toward an illegitimate child. The constitutionality of Section 742.011 as well as the other issues on appeal were considered by the court in Kendrick v....

...children's birth certificates and the names to reflect that he was the natural father, as well as a court order of custody and child support from the natural mother. Kendrick also sought declaratory relief under Chapter 86, Florida Statutes to have Section 742.011, Florida Statutes, declared unconstitutional....

a complaint against appellee, pursuant to section 742.011, Florida Statutes, to determine paternity and

Bray, 300 So. 2d 668, 669 (Fla. 1974) ("Section 742.011 provides for exclusive relief to the mother

entitled "Determination Of Paternity,” states in section 742.011 that “any child may bring proceedings in the

...not operate as res judicata to bar action by HRS on behalf of child against putative father for paternity and child support); State, Dep’t of Revenue, Office of Child Support Enforcement ex rel. D.J.N. v. Redding, 685 So. 2d 1000, 1000 (Fla. 3d DCA 1997). See also § 742.011, Fla....

for “children bom out of wedlock ” and that section 742.011 provided that paternity proceedings could be

...However, in J.K.C.'s petition for declaratory judgment, he acknowledged under oath that he was aware that B.R. claimed to be the biological father of the child. Therefore, the acknowledgement of paternity was not based on a material mistake of fact. Section 742.011 provides that a man who believes that he may be the father of a child may bring an action "to determine the paternity of the child when paternity has not been established by law or otherwise." Here, paternity was established by the filing of the voluntary acknowledgment of paternity on April 20, 2012, and the expiration of the sixty-day time period in section 742.10(4). Therefore, section 742.011 did not provide B.R....

this child to the satisfaction of the court. . § 742.011, Fla.Stat. (1989). . § 742.021, Fla.Stat. (1989)

Kennelly in a circuit court action filed pursuant to § 742.011, Fla.Stat.,1 F.S.A., sought to establish that

proceedings against appellee, pursuant to F.S. § 742.011, F.S.A., which provides: “Any unmarried woman

manner that binds the interest of the child. Section 742.011, Florida Statutes provides: Determination of

since paternity has already been established. See § 742.011, Fla. Stat. (2022) (providing that a man who believes

of a child” to bring a paternity proceeding. § 742.011, Fla.Stat. (Supp.1986). Additionally, the statute

essential to the right of action asserted. Under § 742.011 it is required that the plaintiff be an unmarried

paternity for children born out of wedlock.”). Section 742.011 provides that “[a]ny woman who is pregnant