When clients prepare to file a petition to determine paternity, there is often confusion about the proper location within Florida (venue) to file the case.
Many people mistakenly believe that the only place the petition can be filed is in the county where the mother and child live. However, according to Florida Statute 742.021(1) the proceedings must be in the circuit court where the plaintiff resides or the county where the respondent resides.
This means that if one parent wishes to file a petition to establish paternity, timesharing, parental responsibility, child support, etc., the parent filing can file the case in the Florida county where they live or the county where the other parent lives.
If the parents live in different counties, the parent filing should carefully consider where to file the case.
Some issues to consider, aside from personal convenience, are the age of the child and possible witnesses.
For example, if the child is school-aged, it may be necessary to bring a teacher to court for testimony. If the child attends school in Orange County and the case is filed in Lee County, the teacher will be required to travel several hours in order to testify.
The party asking the witness to travel may need to pay for travel expenses.
The same consideration would be given to a very young child or a child with special needs that may require a doctor or caregiver to testify.
It may be better to inconvenience yourself than to risk a witness being resistant or unable to travel or too expensive to bring to court because of the distance.
If you are unsure about where to file your case, you should consult Men’s Rights Law Firm to discuss options and strategies prior to filing to be sure that you make the best decision call us at 239-829-0166 today.