Filing Paperwork in Another County

by Ieda from Orlando, Florida, Orange County

My baby father filed in the wrong county for paternity and custody but both the child and I live in a different county as the father. Plus the father doesn't even live in the county where he filed the paperwork.

My questions are:

• Does he have to file the paperwork where the child is residing?

• Does he have to pay the filing fees to the courts?

• Does he have to go that county and file or do the courts just transfer the paperwork to the correct county?

Answer to Florida Child Custody Question

Dear Ieda,

Your baby's father needs to transfer his petition for paternity to the county where the child resides.

Family law matters are in circuit court, and the laws are the same throughout Florida.

He should not have to pay the filing fees again, but may have to pay a fee to transfer venue.

Have him ask the clerk of court for guidance.

The clerks are not allowed to give legal advice, but they are allowed to assist with the mechanics of filing court documents. The best thing to do is for him to ask very specific questions, so that he will be given very specific answers.

Worst case scenario is that he would have to voluntarily dismiss and file again in another county. But, his dismissing a paternity action may jeopardize his claim of paternity. Again, my suggestion is to ask the clerk of court for the specific procedures to handle his situation.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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