CopyCited 26 times | Published | Supreme Court of Florida
...er 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 cause shall be dismissed and the bond provided for in § 742.021 shall be void ..." It is significant that the foregoing statute provides that if the mother and the reputed father should at any time after its birth intermarry, the child shall be deemed and held legitimate....
...ual proof of paternity by William was unnecessary in the declaratory judgment proceedings in issue. This conclusion follows from a reading of Section 731.29(1), Florida Statutes (1973), the Florida Probate Law, in pari materia with Sections
742.011,
742.021,
742.031, and
742.091, Florida Statutes (1973), the determination of paternity statutes....
...gly recognizes his status as a parent, petitioners could more persuasively argue that the statute contemplates their challenge to the paternity of Charles. To be contrasted are proceedings for determination of paternity pursuant to Sections
742.011,
742.021, and
742.031, Florida Statutes (1973), whereby a woman seeks to have one who is unwilling to accept the burdens of parenthood adjudicated the father of her child so that he may be legally compelled to accept these responsibilities. In such proceedings factual proof of biological paternity is of paramount importance, as is clearly reflected by these statutory provisions. See Sections
742.011,
742.021, and
742.031, Florida Statutes (1973); Bishop v....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...As we have noted, the procedure established in Chapter 742, Florida Statutes, F.S.A., is the exclusive method in Florida of determining Clarke's duty of support. The proceedings there authorized may be instituted only by the mother of such a child, § 742.021, Florida Statutes, F.S.A....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 58 A.L.R. 3d 183
...The trial court entered an order denying the motion to dismiss, and the defendant appealed. Section
742.011 Fla. Stat., F.S.A., provides that an unmarried woman who shall be pregnant or delivered of a bastard child may bring proceedings in the circuit court to determine the paternity of such child. 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 def...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1998 WL 56267
...The order transferring venue must be reversed regardless of which motion gave rise to it. That said, we note that R.J.L.'s motion alleges matters that could support a venue change. Venue in a paternity action lies in the circuit court for the county in which either the plaintiff or defendant resides. See § 742.021, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...iss the complaint. Section
742.011, Fla. Stat., F.S.A., reads as follows: "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." Section
742.021, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...er 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 cause shall be dismissed and the bond provided for in § 742.021 shall be void ..." It is significant that the foregoing statute provides that if the mother and the reputed father should at any time after its birth intermarry, the child shall be deemed and held legitimate....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 3215232, 2013 Fla. App. LEXIS 10236
...On September 22, 2008, the trial court entered an order granting temporary custody to the maternal grandmother and the child continued to reside with her. 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....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 1238
either the plaintiff or defendant resides. See §
742.021, Fla. Stat. (1995). J.L.S.’s initial election
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1995 WL 704742
...ng to Anderson's residence or place of business. Importantly, no pleading was before the trial judge asking that paternity be established, nor does it appear from the record that there had ever been a procedurally correct determination of paternity. 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....
CopyPublished | Florida 2nd District Court of Appeal | 1972 Fla. App. LEXIS 6299
...hin the confines of said statute where said action should be brought. Greyhound Corp. v. Rosart, Fla.App.1960,
124 So.2d 708 ; Atlantic Coast Line Railroad Company v. Ganey, Fla.App.1961,
125 So.2d 576 . . . . “It is the holding of this Court that Section
742.021, Florida Statutes 1965, F.S.A., controls and the institution of the suit by the mother in the county of her residence is proper....
...Section
47.011, F.S.A., the general venue statute applicable to civil actions, is not pertinent to this type of proceeding. The order appealed herein which denies appellant’s motion to transfer this cause to Palm Beach County, the place of his residence, is affirmed. SPECTOR, C. J., and JOHNSON, J., concur. . F.S. §
742.021, F.S.A....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2337, 1986 Fla. App. LEXIS 10512
...While the putative father’s residence is never stated in the pleadings, it is implicit that he lives in Polk County. 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)....
CopyPublished | Florida 6th District Court of Appeal
...e 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.
(emphasis added). Section 742.021(1) then states: “The proceedings must be in the
circuit court of the county where the plaintiff resides or the county where the
defendant resides.” (emphasis added)....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 6975, 2016 WL 2596324
...3d 216, 217 (Fla. 5th DCA 2015);
PricewaterhouseCoopers LLP v. Cedar Res., Inc.,
761 So. 2d 1131, 1133 (Fla. 2d DCA
1999).
A paternity action lies in the circuit court for the county in which either the plaintiff
or defendant resides. §
742.021(1), Fla....
...This specific venue statute
controls over the general venue statute in paternity proceedings. See Ferguson v.
Little,
266 So. 2d 363 (Fla. 1st DCA 1972); Paulet v. Hickey,
206 So. 2d 29 (Fla. 2d
DCA 1968). Corio’s initial selection of venue was proper under section
742.021 since
he resides in Orange County....
...In seeking a change of venue, the defendant has the burden of
proving that the plaintiff’s venue selection is improper; it is insufficient to merely
establish that venue is proper elsewhere. Id. In this matter, Lopez, the party contesting
venue, has not demonstrated the impropriety of Corio’s selection since section 742.021
2
controls, and therefore, Corio properly instituted the lawsuit in Orange County, the
county of his residence.1
For these reasons, we reverse the order transferring venue...
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 1136446, 2013 Fla. App. LEXIS 4433
...Child Support in Miami-Dade County. She sought an upward modification of child support. She also moved to establish parental responsibility, and a time-sharing and parenting plan. The father moved to transfer the case to Broward County, pursuant to section 742.021, Florida Statutes (2012), which provides that proceedings for the determination of parentage “must be in the circuit court of the county where the plaintiff resides or the county where the defendant resides.” The father acknowledg...
...Furthermore, if a petition for modification is filed in an appropriate venue, it is improper to transfer it to another venue solely because venue is appropriate there as well. Washington v. Washington,
613 So.2d 594, 595 (Fla. 5th DCA 1993). The father’s argument that venue must be based on section
742.021, Florida Statutes (2012), is misplaced....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 8019, 2004 WL 1252690
...ts of the chapter 742 proceedings.” §
39.503(8). Paternity actions pursuant to chapter 742, Florida Statutes (2003), can be brought “in the circuit court of the county where the plaintiff resides or of the county where the defendant resides.” §
742.021....
CopyPublished | District Court of Appeal of Florida
A., controls, and the appellee contending Section
742.021 controls. The applicable provision of Section
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6279
...er 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 cause shall be dismissed and the bond provided for in § 742.021 shall be void....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1793, 1992 WL 35364
...The record indicates that Michael acknowledged that he was the father of the child to two of his friends. Whether the court will require an HLA test is up to the trial court. In any event, Michael must be determined to be the father of this child to the satisfaction of the court. . §
742.011, Fla.Stat. (1989). . §
742.021, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3875
...Thus, the major objective of this type of proceeding is the fulfillment of the father’s natural obligation to support his child and not to prevent the child from becoming a public charge of a certain state.” (de Moya v. de Pena, Fla.App.1963,
148 So.2d 735 ) Further, Section
742.021, Fla.Stats., F....
...Attached to the complaint is a certified copy of the California judgment. The complaint is framed under Chapter 742, Fla. Stats., F.S.A., Bastardy. There are sufficient averments of changed circumstances. The complaint avers that defendant is a resident of Florida and he was personally served, enough to satisfy Section 742.021, Fla.Stats., F.S.A....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12057, 2016 WL 4205399
WARNER, J. A mother timely appeals a non-final order denying her motion for change of venue in an action to determine paternity. The father alleged in his complaint that he resides in Palm Beach County, and venue is proper based on section 742.021(1), Florida Statutes (2016), which permits the filing of a paternity action in the county where the plaintiff or defendant resides....
...against the father in the Child Support Enforcement Division in Broward County before the filing of the paternity action in Palm Beach County. At a non- *1002 evidentiary. hearing, the trial court denied the motion, finding venue proper pursuant to section
742.021(1), Florida Statutes, This appeal follows. In Cono v. Lopez,
190 So.3d 1152 (Fla. 5th DCA 2016), the court explained that pursuant to section
742.021(1), Florida Statutes, the plaintiff has a choice of venue for a paternity action, and the defendant must prove that the venue selection is improper: ' A paternity action lies in the circuit court for the county in which either the plaintiff or defendant resides. §
742.021(1), Fla....
...This specific venue statute controls over the general venue statute in paternity proceedings. See Ferguson v. Little,
266 So.2d 363 (Fla. 1st DCA 1972); Paulet v. Hickey,
206 So.2d 29 (Fla. 2d DCA 1968). Corio’s initial selection of venue was proper under section
742.021 since he resides in Orange County....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19602
filed the action, to Leon County. By virtue of Section
742.021, Florida Statutes (1979), plaintiff was entitled
