Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (10/11)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.983(a), PETITION TO DETERMINE PATERNITY AND FOR
RELATED RELIEF (10/11)
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.
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.