Fillable FORM 12.913(c), AFFIDAVIT OF DILIGENT SEARCH (11/12): INSTRUCTIONS (Florida)

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FORM 12.913(c), AFFIDAVIT OF DILIGENT SEARCH (11/12): INSTRUCTIONS (Florida)

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
FORM 12.913(c), AFFIDAVIT OF DILIGENT SEARCH (11/12)
When should this form be used?
This form is to be used with Notice of Action For Family Cases With Minor Child(ren), Florida
Supreme Court Approved Family Law Form 12.913(a)(2), to obtain constructive service (also called
service by publication) on the legal father in any action or proceeding to determine paternity which
may result in termination of the legal father’s parental rights.
The legal father is entitled to actual notice of the proceedings when possible. When it is necessary
to use constructive notice, it must be given in a way that is likely to provide actual notice. You
must disclose the last known address of the legal father. A last known address cannot be
unknown. This form includes a checklist of places you must look for information on the location of
the legal father. You 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.
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 and a Notice of Action
For Family Cases With Minor Child(ren), Florida Supreme Court Approved Family Law Form
12.913(a)(2), with the clerk of the circuit court in the county where your petition for dissolution of
marriage is filed. You should keep a copy for your records.
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, chapter 49, Florida Statutes, and section 409.257, Florida Statutes.
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 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 Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/12)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________COUNTY, FLORIDA
Case No.: __________________________
Division:___________________________
__________________________________,
Petitioner,
and
__________________________________,
Respondent.
AFFIDAVIT OF DILIGENT SEARCH
I, {full legal name}_________________________________, being sworn, certify that the following
information is true:
1. The last known address of the child(ren)’s legal father {name}______________________,
as of {date}______________________________, was:
Address _________________________ City____________ State__________ Zip ______
Telephone No. ____________________ Fax No. _______________________.
His last known employment, as of {date} __________________, was:
Name of Employer __________________________________________________________
Address __________________________ City ___________ State ________ Zip _________
Telephone No. _____________________ Fax No. _______________________
2. The legal father is over the age of 18.
3. The legal father’s current residence is not known and cannot be determined, although I
have made a diligent search and inquiry to locate him 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
legal father’s current address or any previous address.
Result of search:_____________________________________________________
____ Last known employment of the legal father, including name and address of
employer.
Result of search:____________________________________________
____ Regulatory agencies, including professional or occupational licensing, in the area
where the legal father last resided.
Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/12)
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 legal father’s last known address. You are to follow up any leads of any
addresses where the legal father may have moved.
Result of search: _____________________________________________________
____ Information about the legal father’s possible death and, if dead, the date and
location.
Result of search:______________________________________________
____ Telephone listings in the area where the legal father last resided.
Result of search: _____________________________________________________
____ Law enforcement agencies in the area where the legal father last resided.
Result of search: _____________________________________________________
____ Highway Patrol records in the state where the legal father last resided.
Result of search: _____________________________________________________
____ Department of Corrections records in the state where the legal father last resided.
Result of search: _____________________________________________ ________
____ Hospitals in the last known area of the legal father’s residence.
Result of search: _____________________________________________________
____ Records of utility companies, which include water, sewer, cable TV, and electric in
the last known area of the legal father’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 legal father. (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 legal
father 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 legal
father’s last known address.
Result of search: _____________________________________________________
Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/12)
.
________________________________________
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: ______________________________
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: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{ name of individual} ______________________________________________________________,
{name of business} ________________________________________________________________,
{address} ________________________________________________________________________,
{city} ________________________,{state} __________, {telephone number} __________________.
Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/12)
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FORM 12.913(c), AFFIDAVIT OF DILIGENT SEARCH (1112): INSTRUCTIONS (Florida)

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Completed 10 January 2021

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