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FORM 12.983(a),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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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 Administration2.516.
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 hearingform.
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 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; 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, FloridaStatutes.
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 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 otherparent.
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:
{Choose 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 followingprovisions:
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 thechild(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 thispetition.
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 providedby:
{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 providedby:
[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)
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FORM 12.983(a),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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