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FORM 12.951(a): INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES (Florida)

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
FORM 12.951(a)
PETITION TO DISESTABLISH PATERNITY AND/OR TERMINATE
CHILD SUPPORT OBLIGATION
(06/18)
When should this form be used?
This form should be used by a man who wishes to disestablish paternity or terminate a child
support obligation because he is not the biological father of the child(ren). The petition must be
filed
• in the circuit court having jurisdiction over the child support obligation; or
• if the child support was determined administratively and has not been ratified by a court,
in the circuit court in which the mother or legal guardian or custodian of the child(ren)
resides; or
• if the mother or legal guardian or custodian no longer resides in the state, in the circuit
court in the county in which the petitioner resides.
This form should be typed or printed in black ink. After completing the form, you should sign the
form before a notary public or deputy clerk.
A copy of any judgment or order regarding paternity or child support and a copy of any scientific
test results showing that you cannot be the father of the child(ren) must be attached to the
petition and filed with the court.
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.
What should I do next?
The petition must be served on the mother or legal guardian or custodian of the child(ren). If the
child support obligation was determined administratively and has not been ratified by a court, the
petition must also be served on the Department of Revenue.
Instructions for Florida Supreme Court Approved Family Law Form 12.951(a), Petition to Disestablish
Paternity and/or Terminate Child Support Obligation (06/18)
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.
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 Section 742.18, 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 Supreme Court Approved Family Law Form 12.951(a), Petition to Disestablish
Paternity and/or Terminate Child Support Obligation (06/18)
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA
Case No.: ________________
Division: ________________
DISESTABLISHMENT OF PATERNITY PROCEEDINGS
,
Petitioner,
and
,
Respondent.
PETITION TO DISESTABLISH PATERNITY AND/OR TERMINATE CHILD
SUPPORT OBLIGATION
I, {full legal name} ____________ , Petitioner, certify that the
following information is true.
1. Paternity. My paternity of the child(ren), {name(s) and birth date(s)}
_________________ was established by {Choose only one}
a. _____ operation of law because I was married to the child(ren)’s other parent .
b._____ adjudication of paternity, entered by {court}____________________________on
{date} .
c. _____acknowledgment of paternity executed on {date} _______________________.
d._____ other: {specify} ___________________________________________________.
A copy of any judgment is attached.
2. Child support. My child support obligation for the child(ren), {name(s) and birth date(s)},
_____________________________ was established by {Choose only one}
a. ____a final judgment of dissolution of marriage, entered by {court}________________ on
{date} ___________________________ .
b._____ an administrative proceeding to establish child support in {location}
________________________on {date} _______________.
Florida Supreme Court Approved Family Law Form 12.951(a), Petition to Disestablish Paternity and/or Terminate
Child Support Obligation (06/18)
__________________________________________________________________________________
____________________________________________________________________
____________________________________________________________________
________________________________________________________________________
__________________________________________________________________
c. _____a paternity proceeding in {court}
____ __________.
________________________ on {date}
d.____other {specify} ____________.
A copy of any judgment is attached.
3. Newly discovered evidence. Newly discovered evidence concerning the paternity of this/these
child(ren) has come to my knowledge since the initial paternity determination or establishment of the
child support obligation. {Explain}
__________________________________________________________________________.
4. Scientific tests.
a. _ The results of scientific tests that are generally acceptable within the scientific community
to show a probability of paternity, administered within 90 days prior to the filing of this petition,
indicate that I cannot be the father of the child(ren) for whom support is required. A copy of the
test results is attached.
b. __ I did not have access to the child(ren) to have scientific testing performed before the
filing of this petition and I request that the court order the child(ren) to be tested.
5. Fulfillment of child support obligation.
{Choose only one}
a. __ I am current on all child support payments for the child(ren) for whom relief is sought.
b. __I have substantially complied with my child support obligation for the child(ren) and any
delinquency in my child support obligation for the child(ren) arose from my inability for just cause
to pay the delinquent child support when the delinquent child support became due.
I ask the court to enter an order to:
{Indicate all that apply}
a.____ disestablish my paternity to {name(s) of child(ren)} ______________________
b.____ terminate my obligation to pay child support for {name(s) of child(ren)}:______
c.____ other: ___________________________________________________________
___________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.951(a), Petition to Disestablish Paternity and/or Terminate
Child Support Obligation (06/18)
______________________________
_____________________________________
I certify that a copy of this document was _____ mailed _____ faxed and mailed _____ e-mailed _____
hand delivered to the person(s) listed below on {date} _____________________.
Respondent or his/her attorney:
Name:
Address:
City, State, Zip:
Fax Number:
Designated E-mail Address(es):______
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 YOUR 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 12.951(a), Petition to Disestablish Paternity and/or Terminate
Child Support Obligation (06/18)
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FORM 12.951(a): INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES (Florida)

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Completed 10 January 2021

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