INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED
FAMILY LAW FORM 12.983(a),
PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF
(11/15)
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. If you elect to participate in
electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or
through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial
Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of
Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of
Court in the A-Z Topical Index.
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
Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine
Paternity and for Related Relief (11/15)
Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form
12.915; and Florida Rule of Judicial Administration 2.516.
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 proceeding, you should read “General Information for Self-Represented Litigants”
found 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
Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine
Paternity and for Related Relief (11/15)
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 respondent files an answer denying that the person named in the petition is the child(ren)’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 child(ren)’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 not know the other party’s income, you may file this worksheet after
his or her financial 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(ren)’s best interests. R egardless 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine
Paternity and for Related Relief (11/15)
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 court’s office, family law intake staff, or judicial assistant for
more information on the parenting course and mediation requirements in your area.
Child Support. The court may order one parent to pay child support to assist the other
parent in meeting the child(ren)’s material needs. 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, division, and 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine
Paternity and for Related Relief (11/15)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________
___
Division: __________________________________________________________________________________
________
_______________________ _ __________,
Petitioner,
and
_______________________ _ __________,
Respondent,
PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF
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):
Name Birth Date
1. __________________________________________________________________
2. __________________________________________________________________
3. __________________________________________________________________
4. __________________________________________________________________
5. __________________________________________________________________
6. __________________________________________________________________
2. Petitioner’ s current address is: {street address, city, state} _________________________
________________________________________________________________________
_
3. Respondent’s current address is: {street address, city, state}
_________________________
________________________________________________________________________
_
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (11/15)
4. Both parties are over the age of 18.
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 in the child(ren)’s best interests that parental responsibility
be:
{Choose only one}
a. _____ shared by both Father and Mother.
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (11/15)
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
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (11/15)
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 _____ Father _____ Mother
3.____ Supervised time-sharing for the _____ Father _____ 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
{Choose only one }
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}
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (11/15)
1. _____ Petitioner requests that the Court award child support as determined by Florida’s
child 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:
{Choose only one }
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 child support guidelines. 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 }
a. _____ Father.
b. _____ Mother.
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 ]
a. _____ Father.
b. _____ Mother.
c. _____ Both
6. _____ Petitioner _____ Respondent _____ Both has (have) incurred medical expenses in
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (11/15)
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’S REQUEST
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. _____ changes the child(ren)’s name(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 Party
Printed Name:
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (11/15)
___________________________
Address:
_______________________________
City, State, Zip:
__________________________
Telephone Number:
______________________
Fax Number:
____________________________
Designated E-mail Address(es):
_____________
_____________________________________
__
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (11/15)
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 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}
____________.
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (11/15)