The Florida Petitioner form is a legal document used by a birth mother or father to request the court to establish paternity, set a time-sharing schedule, and arrange child support for minor children. This form is essential for anyone seeking to legally determine the father of a child or children. To proceed with your case, complete the form and click the button below to fill it out.
The Florida Petitioner form, officially known as the Petition to Determine Paternity and for Related Relief, serves as a crucial legal tool for parents seeking to establish paternity, determine time-sharing arrangements, and address child support obligations for minor children. This form is specifically designed for use by either the birth mother or father who wishes to legally confirm the identity of a child's father. It requires completion in black ink and must be signed before a notary public or deputy clerk. After filling out the form, the original must be filed with the circuit court clerk in the county of residence, while a copy should be retained for personal records. Notably, the form adheres to recent updates in Florida's judicial procedures, mandating electronic filing for most documents, along with electronic service of process for subsequent communications. It is essential for individuals to understand the implications of these requirements, especially regarding personal versus constructive service of process, as this can significantly impact the court's ability to grant relief. Additionally, the petition must be accompanied by several supporting documents, including a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit and a Family Law Financial Affidavit, among others. Understanding these components is vital for ensuring that the petition is filed correctly and efficiently, paving the way for a fair resolution of paternity and related issues.
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.983(a),
PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF
(03/15)
When should this form be used?
This form should be used by a birth mother or father to ask the court to establish paternity, a time- sharing schedule, and/or child support of a minor child or children. This means that you are trying to legally establish who is the father of the child(ren).
This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief (03/15)
What should I do next?
For your case to proceed, you must properly notify the respondent of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. However, if constructive service is used, the court may only grant limited relief. You should seek legal advice on constructive service in a paternity case. For more information see chapter 49, Florida Statutes, or you may contact Child Support Enforcement at the Florida Department of Revenue if you need assistance with your case.
If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:
DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
UNCONTESTED... If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure, completed the scientific paternity testing, if necessary, and filed all of the required papers. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.983(d).
Where can I look for more information?
Before proceedi g, you should read Ge eral I
for atio for “elf-Represented Litiga ts fou d at the
beginning of these forms. The words that are in
bold underline
in these instructions are defined
there. For further information, see chapter 742, Florida Statutes.
Special notes...
If you do not have the money to pay the filing fee, you may obtain an Application for Determination of Civil Indigent Status, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred.
More than one child of the same alleged father may be listed on a single petition. However, if you are filing a paternity action involving more than one possible father, a separate petition must be filed for each alleged father.
If the respo de t files a a swer de yi g that the perso a ed i the petitio is the hild re ’s
father, one of you should file a Motion for Scientific Paternity Testing, Florida Supreme Court Approved
Family Law Form 12.983(e). This is used to ask the court to order a scientific test to determine who is the hild re ’s father.
If the father signed papers at the hospital acknowledging that he was the father, paternity was established as a matter of law. This should be indicated on page 2, section 9a on this form.
If the paternity of a child who was conceived or born during a marriage is at issue, the court may appoint a guardian ad litem to assist the court in this matter and to protect the rights of child.
With this petition, you must file the following and provide a copy to the other party:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).
Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days, if not filed with the petition, unless you and the other party have agreed not to exchange these documents.)
Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). (If
you do ot k ow the other party’s i o e, you ay file this worksheet after his or her fi a ial
affidavit has been filed.)
Parenting Plan, Florida Supreme Court Approved Family Law Form, 12.995(a), 12.995(b), or 12.995(c). If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed.
Parenting Plan and Time-Sharing. If the parties are unable to agree on parenting arrangements and a
time-sharing schedule, a judge will decide as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and time-sharing based on the child re ’s est i terests. Regardless of
whether there is an agreement between the parties, the court reserves jurisdiction to modify issues relating to minor or dependent child(ren).
The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting
issues. The purpose of such intervention is to be sure that the best interests of the child(ren) are being served. For more information, you may consult sections 61.401–61.405, Florida Statutes.
Listed below are some terms with which you should become familiar before completing your petition. If
you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further.
Shared Parental Responsibility
Sole Parental Responsibility
Supervised Time-Sharing
No contact
•Parenting Plan
•Parenting Plan Recommendation
•Time-Sharing Schedule
Many circuits require that parents of a minor or dependent child(ren) who are involved in dissolution or paternity actions attend mediation before being allowed to schedule a final hearing. A parenting course must be completed prior to entry of the final judgment. You should check with your local clerk of
ourt’s offi e, fa ily law i take staff, or judi ial assista t for ore i for atio o the pare ti g ourse and mediation requirements in your area.
Child Support. The court may order one parent to pay child support to assist the other parent in eeti g the hild re ’s aterial eeds. Both parents are required to provide financial support, but
one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent.
Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You should file a financial affidavit, and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid. Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.
Final Judgments. These family law forms contain a Final Judgment of Paternity, Florida Supreme Court Approved Family Law Form 12.983(g), which the judge may use. You should check with the clerk, family
law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, divisio , a d the parties’
names, and leave the rest blank for the judge to complete at your hearing or trial.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
IN THE CIRCUIT COURT OF THE ________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
And
Respondent.
Petitioner, {full legal name}____________________________, being sworn, certifies that the following
information is true:
This is an action for paternity and to determine parental responsibility, time-sharing, and child support under chapter 742, Florida Statutes.
SECTION I.
1. Petitioner is the _____ Mother _____ Father of the following minor child(ren):
NameBirth Date
1.________________________________________________________________________
2.________________________________________________________________________
3.________________________________________________________________________
4.________________________________________________________________________
5.________________________________________________________________________
6.________________________________________________________________________
2.Petitio er’ s urre t address is: {street address, city, state} __________________________________
_________________________________________________________________________________.
3.Respo de t’s urre t address is: {street address, city, state} ______________________________
________________________________________________________________________________
4.Both parties are over the age of 18.
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief (03/15)
5.Petitioner {Choose only ONE} _____ is _____ is not a member of the military service. Respondent {Choose only ONE} _____ is _____ is not a member of the military service.
6.Neither Petitioner nor Respondent is mentally incapacitated.
7.A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.
8.A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.
9.A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), is, or will be, filed.
10.Paternity Facts. {Choose only ONE}
a._____Paternity has previously been established as a matter of law.
b._____The parties engaged in sexual intercourse with each other in the month(s) of {list month(s) and year(s)} ____________________________________________________________________
in {city and state} ________________________________________________________________
As a result of the sexual intercourse, _____ Petitioner _____ Respondent conceived and gave birth to the minor child(ren) named in paragraph 1. _____ Petitioner _____Respondent is the natural father of the minor child(ren). The mother _____ was _____ was not married at the time of the conception and/or birth of the minor child(ren) named in paragraph 1. If the mother was married, the name and address of her husband at the time of conception and/or birth is:
______________________________________________________________________________
______________________________________________________________________________.
SECTION II. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING
1.The minor child(ren) currently reside(s) with _____ Mother _____ Father _____ other: {explain}
_________________________________________________________________________________
2. Parental Responsibility. It is i the hild re ’s est i terests that pare tal respo si ility e:
{Choose only ONE}
a._____ shared by both Father and Mother.
b.____awarded solely to _____ Father _____ Mother. Shared parental responsibility would be detrimental to the child(ren) because: ______________________________________________
3.Parenting Plan and Time-Sharing. It is in the best interests of the child(ren) that the family be ordered to comply with a Parenting Plan that _____ includes _____does not include parental time- sharing with the child(ren). The Petitioner states that it is in the best interests of the child(ren) that: {Choose only ONE}
a._____The attached proposed Parenting Plan should be adopted by the court. The parties _____ have _____ have not agreed to the Parenting Plan.
b._____ The court should establish a Parenting Plan with the following provisions:
1.____
No time-sharing for the
_____ Father
_____ Mother
2.____
Limited time-sharing with the
3.____
Supervised time-sharing for the
_____ Mother.
4.____
Supervised or third-party exchange of the child(ren).
5.____
Time-sharing schedule as follows:
Explain why this schedule is in the best interests of the child(ren): _______________________
4. The minor child(ren) should
a. _____retain his/her (their) present name(s).
b. _____receive a change of name as follows:
present name(s)
be changed to
(1). ____________________________________
(1). ___________________________________
(2). ____________________________________
(2). ___________________________________
(3). ____________________________________
(3). ___________________________________
(4). ____________________________________
(4). ___________________________________
(5). ____________________________________
(5). ___________________________________
(6). ____________________________________
(6). ___________________________________
c.The name change would be in the best interest of the child(ren) because:___________________
SECTION III. CHILD SUPPORT
{Indicate all that apply}
1._____Petitioner requests that the Court award child support as determined by Florida’s hild support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be, filed. Such support should be ordered retroactive to:
a._____the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months before the date of filing of this petition.
b._____the date of the filing of this petition.
c._____other: {date}________________ {Explain} ________________________________
2._____Petitioner requests that the Court award a child support amount that is more than or less than Florida’s hild support guideli es. Petitioner understands that a Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, must be completed before the Court will consider this request.
3._____Petitioner requests that medical/dental insurance for the minor child(ren) be provided by: {Choose only ONE}
a._____Father.
b._____Mother.
4._____Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid by: {Choose only ONE}
c._____Father and Mother each pay one-half.
d._____Father and Mother each pay according to the percentages in the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).
e._____Other {explain}: ___________________________________________________________
5._____Petitioner requests that life insurance to secure child support be provided by: [Choose only ONE]
c._____Both
6._____ Petitioner _____ Respondent _____ Both has (have) incurred medical expenses in the amount of $__________ on behalf of the minor child(ren), including hospital and other expenses incidental to the birth of the minor child(ren). There should be an appropriate allocation or apportionment of these expenses.
7._____ Petitioner _____ Respondent _____ Both has (have) received past public assistance for this (these) minor child(ren).
PETITIONER’“ REQUE“T
1.Petitioner requests a hearing on this petition and understands that he or she must attend the hearing.
2.Petitioner requests that the Court enter an order that:
[Indicate ALL that apply]
a.____establishes paternity of the minor child(ren), ordering proper scientific testing, if necessary;
b._____adopts or establishes a Parenting Plan containing provisions for parental responsibility and time-sharing for the minor or dependent child(ren);
c._____awards child support, including medical/dental insurance coverage for the minor child(ren);
d._____determines the appropriate allocation or apportionment of all expenses incidental to the birth of the child(ren), including hospital and medical expenses;
e._____determines the appropriate allocation or apportionment of all other past, present, and future medical and dental expenses incurred or to be incurred on behalf of the minor
child(ren);
f. _____ ha ges the hild re ’s a e s ;
g._____other relief as follows: ______________________________________________________
___________________________________________________________________________ and grants such other relief as may be appropriate and in the best interests of the minor child(ren).
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated: ______________________
_____________________________________________
Signature of PETITIONER
Printed Name: _________________________________
Address: _____________________________________
City, State, Zip: ________________________________
Telephone Number: _____________________________
Fax Number: __________________________________
Designated E-mail Address(es):____________________
____________________________________________
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and signed before me on ____________ by _______________________________.
NOTARY PUBLIC or DEPUTY CLERK
{Print, type, or stamp commissioned name of notary or deputy clerk.}
_____ Personally known
_____ Produced identification
_____ Type of identification produced ________________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the Petitioner.
This form was completed with the assistance of:
{name of individual} ________________________________,
{name of business}________________________________________________________________,
{address} ___________________________________________,
{city} _______________,{state} _______,{zip code}_________, {telephone number} _______________,
.
After completing the Florida Petitioner form, you will need to take steps to notify the other party involved. This is crucial for your case to move forward. Be prepared to file the form with the appropriate court and follow up with any required actions based on the response you receive.
The Florida Petitioner form, specifically Form 12.983(a), is used by a birth mother or father to ask the court to establish paternity for a minor child or children. It can also be used to request a time-sharing schedule and child support. Essentially, this form legally identifies the father of the child or children involved.
Either the birth mother or the father can file this form. It is important that the person filing is the biological parent of the child or children in question. This form is designed for those seeking to establish legal paternity and related matters in court.
The form should be typed or printed in black ink. After filling it out, the petitioner must sign the form in front of a notary public or deputy clerk. It is crucial to keep a copy for personal records after filing the original with the clerk of the circuit court in the county of residence.
All petitions and documents must generally be filed electronically, according to the Florida Rules of Judicial Administration. While self-represented litigants can file electronically, they are not required to do so. If choosing to file electronically, it is essential to follow the specific procedures of the judicial circuit and comply with the formatting requirements outlined in the rules.
After filing, the petitioner must notify the respondent. If the respondent is personally served, they have 20 days to respond. The case may proceed in one of three ways:
Along with the petition, several other documents must be filed, including:
Providing these documents is essential for the case to proceed effectively.
If the petitioner cannot afford the filing fee, they can complete an Application for Determination of Civil Indigent Status. The clerk will assess eligibility for deferring the filing fees based on the application.
If the respondent contests paternity, the petitioner may need to file a Motion for Scientific Paternity Testing. This is a request for the court to order DNA testing to establish the biological father of the child or children involved. It is advisable to seek legal advice in such situations to navigate the complexities of the case.
Incomplete Information: Many individuals fail to provide all required details on the form. Missing information, such as the names and birth dates of the children, can delay the process significantly. Ensure every section is filled out completely.
Incorrect Signatures: Some people forget to sign the form in front of a notary public or deputy clerk. This step is crucial. Without a valid signature, the petition cannot be processed.
Failure to Follow E-Filing Rules: As e-filing is now a requirement in many cases, neglecting to follow the specific procedures can lead to complications. Be sure to read and adhere to the rules regarding electronic submissions.
Not Providing Required Documents: When submitting the petition, it’s vital to include all necessary attachments. Missing documents, like the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, can halt your case.
When filing a Florida Petition to Determine Paternity and for Related Relief, several additional forms and documents are often required. Each of these documents serves a specific purpose in the legal process and helps ensure that all necessary information is provided to the court.
Understanding these forms and their purposes can significantly streamline the process of establishing paternity and related matters. Properly completing and filing these documents ensures that your case is handled efficiently and effectively in court.
The Florida Petition to Determine Paternity and for Related Relief is similar to the Florida Petition for Dissolution of Marriage. Both forms are used to initiate legal proceedings in family law cases. The Petition for Dissolution of Marriage allows a spouse to request the court to end their marriage and address related issues such as child custody, support, and division of assets. Like the paternity petition, it requires the filing of supporting documents and may involve mediation and hearings to resolve disputes.
Another document that shares similarities is the Florida Petition for Child Support. This form is utilized by a parent seeking financial support from the other parent for their child or children. Both petitions aim to establish legal obligations regarding child welfare. They require detailed information about the parents' financial situations and the needs of the child, and both processes may involve court hearings to determine the appropriate support amount.
The Florida Parenting Plan is also comparable to the Florida Petition to Determine Paternity. While the paternity petition establishes legal parentage, the Parenting Plan outlines how parents will share responsibilities and time with their children. Both documents are critical in ensuring the best interests of the child are prioritized. They may include provisions for time-sharing schedules, decision-making responsibilities, and communication methods between parents.
The Florida Notice of Hearing is another related document. After filing a petition, a party must notify the other party of upcoming hearings. This notice is essential in both paternity and dissolution cases, ensuring that all parties are informed and can participate in the legal process. The notice must be served properly, and failure to do so may affect the outcome of the case.
The Florida Motion for Default is similar as well. If a respondent does not answer the paternity petition within the required timeframe, the petitioner may file a Motion for Default. This motion allows the court to grant the requested relief without the respondent's participation. Both the paternity petition and the motion for default are part of the procedural steps in family law cases, ensuring that cases can progress even when one party does not respond.
Lastly, the Florida Answer to Counterpetition is akin to the Florida Petition to Determine Paternity. If the respondent files a counterpetition disputing the claims made in the paternity petition, the petitioner must respond with an answer. This process allows both parties to present their sides of the case and is crucial in resolving the issues surrounding paternity and related matters. Both documents play a vital role in the adversarial nature of family law proceedings.
When filling out the Florida Petitioner form, there are important guidelines to follow. Adhering to these can significantly impact the outcome of your case. Here is a list of five things you should and shouldn't do:
This is incorrect. Both the birth mother and the father can use the form to establish paternity, time-sharing schedules, and child support.
While electronic filing is required in many cases, self-represented litigants have the option to file documents in person if they choose.
In fact, the form should be typed or printed in black ink only, as specified in the instructions.
Constructive service can only be used if you do not know the respondent's whereabouts, and it may limit the relief the court can grant.
After filing, it is crucial to notify the respondent properly and follow up with any required hearings or responses.
You still need to file a Child Support Guidelines Worksheet, which can be completed after the other party's financial affidavit is submitted.
The court will make decisions based on the best interests of the child, but parents can propose their own parenting plans.
You can list multiple children on a single petition, but separate petitions are required for different alleged fathers.
The petition must be signed before a notary public or deputy clerk to be considered valid.
Child support amounts vary based on the combined income of both parents and specific circumstances, so obligations can differ significantly.
When filling out the Florida Petitioner form, here are some key takeaways to keep in mind:
These points can help ensure that you complete the form accurately and understand the necessary steps to move forward with your case.