Fill and Sign the Petition to Determine Paternity and for Related Form

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 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 (11/15) 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 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 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 Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief (11/15) 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 Securi ty 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. 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 Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief (11/15)  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 yo ur 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} _________________________ 4. Both parties are over the age of 18. 5. Petitioner {Choose only one} _____ is is not a member of the military service. Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief (11/15) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 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: {C hoose 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 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) (1). _________________________________ (2). _________________________________ (3). _________________________________ (4). _________________________________ (5). _________________________________ (6). _________________________________ be changed to (1). _________________________________ (2). _________________________________ (3). _________________________________ (4). _________________________________ (5). _________________________________ (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 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. Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief (11/15) __________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 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 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: Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief (11/15) _______________________________________ _______________________________________ [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. g. _____ changes the child(ren)’s name(s); _____ 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: ___________________________ 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)