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.
Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (10/11)
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 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 61.40161.405, Florida Statutes.
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and
for Related Relief (10/11)
Shared Parental Responsibility
Sole Parental Responsibility
Supervised Time-Sharing
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 other parent.
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.
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related
Relief (10/11)
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.
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.
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related
Relief (10/11)
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} _______________________________________
c. 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
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 following provisions:
[ ] No time-sharing for the [ ] Father [ ] Mother
[ ] Limited time-sharing with the [ ] Father [ ] Mother
[ ] Supervised time-sharing for the [ ] Father [ ] Mother.
[ ] Supervised or third-party exchange of the child(ren).
[ ] Time-sharing schedule as follows:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Explain why this schedule is in the best interests of the child(ren): _______________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related
Relief (10/11)
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)
be changed to
(1). ____________________________________
(1). ___________________________________
(2). ____________________________________
(2). ___________________________________
(3). ____________________________________
(3). ___________________________________
(4). ____________________________________
(4). ___________________________________
(5). ____________________________________
(5). ___________________________________
(6). ____________________________________
(6). ___________________________________
c. The name change would be in the best interest of the child(ren) because:___________________
__________________________________________________________________________
SECTION III. CHILD SUPPORT
[Choose as applicable]
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 this petition.
b. ___the date of the filing of this petition.
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 coverage for the minor child(ren) be provided
by:
[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 provided by:
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related
Relief (10/11)
[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:
[Choose 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. ____changes the child(ren)’s name(s);
g. ____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
motion 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: __________________________________
Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related
Relief (10/11)
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]
I, {full legal name and trade name of nonlawyer} _____________________________________________,
a nonlawyer, whose address is {street} _________________________, {city} ______________________,
{state} ______________,{phone} ______, helped {name} _______________________________, who is
the petitioner, fill out this form.