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Stepparent Adoption Affidavit of Diligent Search

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Florida Supreme Court Approved Family Law Form 12.981(a)(4), Stepparent Adoption: Affidavit of Diligent Search (03/15)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.981(a)(4), STEPPARENT ADOPTION: AFFIDAVIT OF DILIGENT SEARCH (03/15)

When should this form be used?

Use this form to obtain constructive service (also called service by publication) in a proceeding for stepparent adoption, Joint Petition for Adoption by Stepparent, Florida Supreme Court Approved Family Law Form 12.981(b)(1), when any required consent is unavailable because the address or location of the person whose consent is required is not known and cannot be determined.

This form includes a checklist of places you must look for information on the location of the person whose rights you seek to terminate. You do have to look in all of these places, and the court must believe that you have made a very serious effort to get information about the person’s location and that you have followed up on any information you received. Section 63.054, Florida Statutes, requires that in each adoption a search of Florida’s Putative Father Registry must be conducted. You will need an order from the judge to do this, which you can request by filing a Motion for Search of the Putative Father Registry, Florida Supreme Court Approved Family Law Form 12.981(a)(6).

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your petition was filed 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 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.

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. For further information, see rule 12.070, Florida Family Law Rules of Procedure and Rule 1.070, Florida Rules of Civil Procedure.

Special notes...

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:

IN THE MATTER OF THE ADOPTION OF

{use name to be given to the minor child(ren)} Adoptee(s).

PETITION FOR STEPPARENT ADOPTION: AFFIDAVIT OF DILIGENT SEARCH

I, , being sworn, certify that the following information is true:

1. I am the child(ren)’s mother father.

2. The last known address of the child(ren)’s other parent , as of , was:

Address

City State Zip

Telephone No. Fax No.

His/her last known employment, as of , was:

Name of Employer

Address

City State Zip

Telephone No. Fax No.

3. The other parent is over the age of 18.

4. The other parent’s current residence is not known and cannot be determined, although I have made a diligent search and inquiry to locate him/her through the following:

You must search ALL of the following sources of information and state the results.

United States Post Office inquiry through the Freedom of Information Act for the person’s current address or any previous address.

Result of search:

Last known employment of the other parent, including name and address of employer.

Result of search:

Regulatory agencies, including professional or occupational licensing, in the area where the other parent last resided.

Result of search:

Names and addresses of relatives to the extent such can be reasonably obtained from the petitioner or other sources, contacts with those relatives and inquiry as to the other parent’s last known address. You are to follow up any leads of any addresses where the other parent may have moved.

Result of search:

Information about the other parent’s possible death and, if dead, the date and location.

Result of search:

Telephone listings in the area where the other parent last resided.

Result of search:

Law enforcement agencies in the area where the other parent last resided.

Result of search:

Highway Patrol records in the state where the other parent last resided.

Result of search:

Department of Corrections records in the state where the other parent last resided.

Result of search:

Hospitals in the last known area of the other parent’s residence.

Result of search:

Records of utility companies, which include water, sewer, cable TV, and electric in the last known area of the other parent’s residence.

Result of search:

Records of the Armed Forces of the U.S. and their response as to whether or not there is any information about the other parent. (See Florida Supreme Court Approved Family Law Form 12.912(a), Memorandum for Certificate of Military Service.)

Result of search:

Records of the tax assessor’s and tax collector’s office in the area where the other parent last resided.

Result of search:

Search of one Internet databank locator service.

Result of search:

Title IV-D (child support enforcement) agency records in the state of the other parent’s last known address.

Result of search:

A search of the Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health has been requested, and if granted, the certificate from the State Registrar will be filed in this action.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit 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:

Enter text

What the Stepparent Adoption Affidavit of Diligent Search Is

The Stepparent Adoption Affidavit of Diligent Search documents a claimant's reasonable efforts to locate an absent or unknown biological parent before a court terminates or limits parental rights. It records dates, methods (mail, phone, public records, social media, service attempts), and outcomes, and attaches supporting evidence such as certified mail receipts, background checks, or publication notices. Courts use the affidavit to decide whether notice requirements were satisfied and to determine whether alternative notice or substituted service is appropriate in the adoption proceeding.

Why a Detailed Diligent Search Affidavit Matters in Stepparent Adoption

A clear affidavit creates a factual record for the court, reduces hearing delays, and demonstrates compliance with statutory notice obligations. It helps the judge assess whether additional notice is required, whether parental consent can be excused, and whether service by publication or substituted service is justified.

Why a Detailed Diligent Search Affidavit Matters in Stepparent Adoption

Who Prepares and Reviews This Affidavit

Typical users complete or review the affidavit as part of a state-family-court adoption petition.

  • Stepparents and adoptive parents preparing adoption petitions with absent biological parents.
  • Family law attorneys assembling evidence and preparing supporting declarations for court.
  • Court clerks and judges evaluating sufficiency of notice and substituted-service requests.

Core Components of a Professional Diligent Search Affidavit

A professional affidavit is organized, verifiable, and fact-focused. It lists search steps in chronological order, cites dates and sources, attaches physical or digital proof, and includes an affirmation under penalty of perjury. The affidavit should align with local court forms and state statutes governing service and notice.

Affiant Identification

Full legal name, relationship to the child, contact information, and capacity to testify about the search.

Subject Child

Child’s full name, date of birth, current residence, and identifying details linking the search to the correct person.

Parent Sought

Biological parent's full name, aliases, last known addresses, phone numbers, and any known employers or relatives.

Search Chronology

A dated, step-by-step record of each search action, including dates and specific resources used.

Search Methods

Detailed list of methods such as certified mail, phone calls, DMV/DMV-like checks, social media, commercial locator services, and public notices.

Attachments & Evidence

Copies of receipts, certified mail return cards, printouts, declarations from third parties, and publication affidavits attached and indexed.

Required Information and Fields at a Glance

Child’s Full Name: Complete legal name.
Child’s Date of Birth: MM/DD/YYYY.
Parent(s) Name(s): All known aliases.
Last Known Address: Street, city, state, ZIP.
Search Methods: List of steps taken.
Supporting Documents: Receipts, printouts, affidavits.

Step-by-Step: Completing the Affidavit

Follow a chronological, evidence-backed approach: gather identifiers, run searches, document outcomes, attach proof, sign, and file with the court.

  • 01
    Gather Records: Collect birth certificate, prior addresses, and known aliases first.
  • 02
    Conduct Searches: Use DMV, credit header services, social media, and public records.
  • 03
    Document Results: Attach receipts, returned mail, screenshots, and third-party declarations.
  • 04
    Sign & File: Complete signature and notary steps per local court rules, then file.

How to Configure an Online Diligent Search Workflow

Set up digital fields, authentication, and required attachments so every affidavit captures consistent evidence and an audit trail.

Field Configuration
Authentication Email link plus SMS code for signer validation
Attachments Required Birth certificate, proof of service, search receipts
Audit Trail Enable timestamps, IP, and action log
File Format Save signed PDF/A for court compatibility

From Draft to Court: The Typical Filing Flow

A standard process: prepare the affidavit, attach evidence, obtain signatures/notarization, file with the clerk, and retain certified copies.

  • Prepare Affidavit: Complete fields and index attachments.
  • Authenticate Signer: Use required ID and authentication steps.
  • Notarize If Required: Obtain in-person or RON notarization per state law.
  • File With Court: Submit to clerk and keep stamped copies.

Technical and Delivery Considerations

Choose a platform that supports PDF, DOCX, secure storage, and a verifiable audit trail for signing and submission.

  • File Formats: PDF, PDF/A, DOCX supported.
  • Integrations: Connectors for Google Drive, Box, NetSuite.
  • Authentication: Email, SMS, or advanced authentication.

Timing Considerations and Typical Deadlines

Deadlines vary by court and state. Prepare the affidavit in advance of the adoption hearing and file according to local scheduling and service rules.

File Before Hearing:

Submit affidavit with adoption petition per clerk instructions; timing varies by county.

Service Attempts Timeline:

Document attempts promptly; courts scrutinize unexplained delays or gaps in effort.

RON / AV Retention:

If notarized remotely, retain audio-video for 5–10 years per RON rules.

Court Notice Windows:

Obey local statutory notice periods for substituted or published service.

Record Retention:

Keep case file copies for at least federal or state retention minima.

Key Milestones from Search to Final Order

A typical milestone sequence tracks preparation, service attempts, court review, and final order issuance so parties and counsel monitor progress.

01

Prepare Affidavit

Compile identifiers, list methods, and attach evidence for filing.

02

Attempt Service

Execute certified mail, phone calls, and personal service efforts.

03

Request Substituted Service

If undeliverable, file motion for publication or substituted service.

04

Court Decision

Judge reviews affidavit and evidence when ruling on notice sufficiency.

Common Mistakes to Avoid When Preparing a Diligent Search Affidavit

  • Incomplete dates and vague descriptions: failing to list MM/DD/YYYY for each search action makes the chronology unreliable to the court.
  • Missing evidence attachments: describing attempts without attaching return receipts or screenshots often results in requests for supplementation.
  • Overbroad or speculative statements: assertions without a factual basis (e.g., "I believe they moved") undermine the affidavit's credibility.
  • Improper signature or notarization: using an unsigned electronic image or ignoring local notarization rules can cause the court to reject the affidavit.

Penalties and Risks of an Incorrect or Incomplete Affidavit

Hearing Delay: Case may be continued for corrected filings.
Case Dismissal: Court may dismiss or deny relief without sufficient notice.
Perjury Exposure: False statements risk criminal perjury charges.
Increased Costs: Additional service attempts and attorney time raise fees.
Reopened Proceedings: New evidence may reopen final orders in some cases.
Non-Acceptance: Court may refuse electronic or noncompliant signatures.

Real-World Examples of Diligent Search Affidavits in Practice

Two illustrative scenarios show how concise documentation and verifiable evidence affect outcomes in different courts.

Family Law Firm Example

A firm documented five search steps with certified mail receipts and a locator report

  • The court accepted substituted service
  • The adoption hearing proceeded without further notice requirements after judge review and ruling.

Self-Represented Parent Example

A stepparent prepared a dated log and attached social media printouts

  • The clerk initially flagged missing notarization
  • After notarization and re-submission, the affidavit supported the petition and hearing was scheduled.

eSignature Vendor Comparison for Affidavit Signing and Submission

Comparing common eSignature options shows cost and capability differences important for notarization, audit trails, and HIPAA or court compliance.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the Affidavit and eSigning

Answers to common procedural and legal questions about completing, signing, notarizing, and filing a diligent search affidavit.


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