Fill - FORM 12.983(b): INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

Instructions for Florida Supreme Court Approved Family Law Form 12.983(b), Answer to Petition to Determine

Paternity and for Related Relief (11/15)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW

FORM 12.983(b)

ANSWER TO PETITION TO DETERMINE PATERNITY AND FOR RELATED

RELIEF (11/15)

When should this form be used?

This form should be used when you are responding to a petition to determine paternity. You may use

this form to admit or deny the allegations contained in the petition. However, if you wish to ask the court

for things not included in the petition, such as, parental responsibility and time-sharing or child support,

you should file an Answer to Petition and Counterpetition to Determine Paternity and for Related Relief,

Florida Supreme Court Approved Family Law Form 12.983(c).

This form should be typed or printed in black ink. After completing this form, you should sign this form

before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court

in the county where the petition was filed 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

Instructions for Florida Supreme Court Approved Family Law Form 12.983(b), Answer to Petition to Determine

Paternity and for Related Relief (11/15)

Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

What should I do next?

If you deny that the person named in the petition is the child(ren)’s father, a Motion for Scientific

Paternity Testing, Florida Supreme Court Approved Family Law Form 12.983(e), should be filed. This is

used to ask the court to order a scientific test to determine who is the child(ren)’s father.

You have 20 days to file an answer to the other party’s petition. A copy of this form, along with all of the

other forms required with this answer, must be mailed, e-mailed, or hand delivered to the other party in

your case. After you file your answer, the case will generally proceed in one of the following two ways:

UNCONTESTED… This case is uncontested if you and the petitioner agree on all issues raised in the

petition. If this is the case, and you and the other party have complied with mandatory disclosure and

filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant

to set a final hearing. If you request the 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… This case is contested if you and the other party disagree on any issues raised in the

petition. If you are unable to settle the disputed issues, either party may file a Notice for Trial Florida

Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure

and filed all of the required papers. Some circuits may require the completion of mediation before a final

hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for

instructions on how to set your case for trial (final hearing).

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...

With this answer, 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).

(This must be filed within 45 days of the service of the petition on you, if not filed at the time

you file this answer.)

 Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure

Form 12.932. (This must be filed within 45 days of the service of the petition on you, if not filed

at the time you file this answer, 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

Instructions for Florida Supreme Court Approved Family Law Form 12.983(b), Answer to Petition to Determine

Paternity and for Related Relief (11/15)

you do not know the other party’s income, you may file this form after the other party files his

or her financial affidavit.)

Many circuits require completion of 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, family law intake staff, or judicial assistant for more information on the parenting course and

mediation requirements in your area.

Parenting Plan and Time-Sharing. If the parents are unable to agree on parenting arrangements and a

time-sharing schedule, a judge will decide these issues as part of establishing a Parenting Plan. The judge

will decide the parenting arrangements and time-sharing schedule 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 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 and 61.405, Florida Statutes.

Listed below are some terms with which you should become familiar before completing your answer. 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

 No contact

 Parenting Plan

 Parenting Plan Recommendation

 Time-Sharing Schedule

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.

Instructions for Florida Supreme Court Approved Family Law Form 12.983(b), Answer to Petition to Determine

Paternity and for Related Relief (11/15)

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 a 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(b), Answer to 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,

ANSWER TO PETITION TO DETERMINE PATERNITY

AND FOR RELATED RELIEF

I, {full legal name} __________________________________________________________, Respondent,

being sworn, certify that the following information is true:

1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the

Petition and, therefore, admit those allegations: {indicate section and paragraph number} _____

______________________________________________________________________________.

2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the

Petition and, therefore, deny those issues: {indicate section and paragraph number} __________

______________________________________________________________________________.

3. I currently am unable to admit or deny the following paragraphs due to lack of information:

{indicate section and paragraph number} _____________________________________________

_______________________________________________________________________________.

4. [I applicable] 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 answer

as I disagree with the Affidavit filed by the Petitioner.

5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form

12.902(j), is filed with this answer if one has not already been filed in this case.

6. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form

12.902(b) or (c), ______ is, or ______ will be, filed.

Florida Supreme Court Approved Family Law Form 12.983(b), Answer to Petition to Determine Paternity and for

Related Relief (11/15)

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} __________________________________________.

Petitioner 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

answer 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): _____________

_______________________________________

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 _________________________

Florida Supreme Court Approved Family Law Form 12.983(b), Answer to Petition to Determine Paternity and for

Related Relief (11/15)

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: {choose only one} ( ) Petitioner ( ) Respondent.

This form was completed with the assistance of:

{name of individual} ___________________________________________________________________,

{name of business} ____________________________________________________________________,

{address} ____________________________________________________________________________,

{city} ____________________, {state} _____, {zip code} __________, {telephone number} ____________.

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