(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.
History.—s. 2, ch. 26949, 1951; s. 151, ch. 86-220; s. 24, ch. 2008-151.
Structure Florida Statutes
Title XLIII - Domestic Relations
Chapter 742 - Determination of Parentage
742.011 - Determination of Paternity Proceedings; Jurisdiction.
742.021 - Venue, Process, Complaint.
742.031 - Hearings; Court Orders for Support, Hospital Expenses, and Attorney’s Fee.
742.032 - Filing of Location Information.
742.045 - Attorney’s Fees, Suit Money, and Costs.
742.06 - Jurisdiction Retained for Future Orders.
742.08 - Default of Support Payments.
742.09 - Publishing Names; Penalty.
742.091 - Marriage of Parents.
742.10 - Establishment of Paternity for Children Born Out of Wedlock.
742.105 - Effect of a Determination of Paternity From a Foreign Jurisdiction.
742.107 - Determining Paternity of Child With Mother Under 16 Years of Age When Impregnated.
742.108 - Criminal Penalties for False Statements of Paternity.
742.12 - Scientific Testing to Determine Paternity.
742.14 - Donation of Eggs, Sperm, or Preembryos.
742.15 - Gestational Surrogacy Contract.
742.16 - Expedited Affirmation of Parental Status for Gestational Surrogacy.
742.17 - Disposition of Eggs, Sperm, or Preembryos; Rights of Inheritance.
742.18 - Disestablishment of Paternity or Termination of Child Support Obligation.