Fillable INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(c), ANSWER (Florida)

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INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(c), ANSWER (Florida)

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Instructions for Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(c),
ANSWER TO PETITION AND COUNTERPETITION 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 and asking the
court for something different than what was in the petition, such as parental responsibility, time-sharing,
and child support. The answer is used to admit or deny the allegations contained in the petition, and
the counterpetition is used to ask for whatever you want the court to do for you. The other party has 20
days to answer your counterpetition after being served with your counterpetition.
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 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 Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Instructions for Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
What should I do next?
You have 20 days to file an answer or answer and counterpetition to the other party’s petition. A copy
of this form, along with all of the other forms required with this answer and counterpetition, must be
mailed or hand delivered to the other party in your case.
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.
After you file an answer and counterpetition, the case will then generally proceed as follows:
UNCONTESTED. This case is uncontested if you and the other party agree on all issues raised in the
petition and the counterpetition. 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
or counterpetition. 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 for some basic
information. The words that are in bold underline in these instructions are defined there. For further
information, see chapter 742, Florida Statutes.
Special notes...
If the child(ren)’s 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 10a of the counterpetition part
of this form. With this answer, you must file the following:
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 service of the petition on you if not filed with this answer.)
Certificate of Compliance with Mandatory Disclosure Florida Family Law Rules of Procedure
Instructions for Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed with
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
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 (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.
Many jurisdictions may require the completion of mediation before a final hearing may be set. A
parenting course must be completed prior to entry of the final judgment. You should contact the office
of your local clerk of court, family law intake staff, or the judicial assistant about requirements for
parenting courses or mediation where you live.
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 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) is being
served. For more information, you may consult section 61.401 and 61.405, Florida Statutes.
Listed below are some terms with which you should become familiar before completing your answer and
counterpetition. 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 Recommendations
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
Instructions for Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
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.
Parenting Plan. In all cases involving minor or dependent child(ren), a Parenting Plan shall be approved
or established by the court. If the parties have reached an agreement, you should file a Parenting Plan,
Florida Supreme Court Approved Family Law Form 12.995(a), 12.995(b), or 12.995(c) which addresses the
time-sharing schedule for the child(ren). If you have not reached an agreement, a proposed Parenting
Plan may be filed. A Parenting Plan will be established by the court.
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(c), Answer to Petition and Counterpetition 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 AND COUNTERPETITION
TO DETERMINE PATERNITY AND FOR RELATED RELIEF
I, {full legal name} __________________________________________________________, Respondent,
being sworn, certify that the following information is true:
ANSWER TO PETITION
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} ____________________________________________
_____________________________________________________________________________.
COUNTERPETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF
SECTION I. PATERNITY
1. Respondent is the _____ mother _____ father of the following minor child(ren):
Name Birth Date
(1). ___________________________________________________________________________
(2). ___________________________________________________________________________
(3). ___________________________________________________________________________
(4). ___________________________________________________________________________
(5). ___________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and Counterpetition to Determine
Paternity and for Related Relief (11/15)
(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 counterpetition.
8. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law
Form 12.902(j), is filed with this counterpetition.
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 l. 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}
_____________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and Counterpetition to Determine
Paternity and for Related Relief (11/15)
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 Respondent 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. b. The court should establish a Parenting Plan with the following provisions:
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 for the child(ren).
Time-sharing schedule as follows:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. Explain why this request is in the best interest of the child(ren): ____________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5. 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. _________________________
Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and Counterpetition to Determine
Paternity and for Related Relief (11/15)
SECTION III. CHILD SUPPORT
[Indicate all that apply]
1. Respondent 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 counterpetition.
b. _____ the date of the filing of this petition.
c. _____ other: {date} _______________ {Explain} ______________________________________
_____________________________________________________________________________.
2. _____ Respondent requests that the Court award a child support amount that is more than or
less than Florida’s child support guidelines. Respondent 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. _____ Respondent requests that medical/dental insurance coverage for the minor child(ren) be
provided by:
[Choose only one]
a. _____ Father.
b. _____ Mother.
4. _____ Respondent 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. _____ Respondent requests that life insurance to secure child support be provided by:
[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.
Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and Counterpetition to Determine
Paternity and for Related Relief (11/15)
7. _____ Petitioner _____ Respondent _____ Both has (have) received past public assistance for
this (these) minor child(ren).
RESPONDENT’S REQUEST
1. Respondent requests a hearing on this petition and understands that he or she must attend the
hearing.
2. Respondent 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. _____ 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); and
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 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): ________________
___________________________________________
Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and Counterpetition to Determine
Paternity and for Related Relief (11/15)
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
answer and counterpetition 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 _________________________
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 Respondent/Counterpetitioner. 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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INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(c), ANSWER (Florida)

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Completed 10 January 2021

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