Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(2), Notice of Action For
Family Cases With Minor Child(ren) (11/15)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.913(a)(2)
NOTICE OF ACTION FOR FAMILY CASES WITH MINOR CHILD(REN)
(11/15)
When should this form be used?
This form may be used to obtain constructive service (also called service by publication) in an action
involving a parenting plan for a minor child under chapter 61, Florida Statutes; an action to determine
temporary custody by extended family under chapter 751, Florida Statutes; and termination of a legal
father’s parental rights when another man is alleged to be the biological father. "Parenting plan" means
a document created to govern the relationship between the parents relating to decisions that must be
made regarding the minor child and must contain a time-sharing schedule for the parents and child.
Section 61.046(14), Florida Statutes. You may use constructive service if you do not know where the
other party lives or if the other party lives outside Florida and you are unable to obtain personal service.
Constructive notice will allow the court to grant the relief requested, but personal service is required
before a court can order payment or termination of child support, spousal support (alimony), or costs.
If you are asking the court to decide how real or personal property located in Florida should be divided,
the Notice of Action must include a specific description of the property. If you use constructive service,
the court can grant only limited relief because its jurisdiction is limited. This is a complicated area of the
law and you should consult an attorney before using constructive service.
You should complete this form by typing or printing the appropriate information in black ink. You must
insert the other party’s name and last known address and then file this form with the clerk of the circuit
court in the county where your petition was filed. You must also complete and file an Affidavit of
Diligent Search and Inquiry. Use Florida Family Law Rules of Procedure Form 12.913(b) unless you are
serving the legal father in a paternity case where another man is alleged to be the biological father, in
which case, you must use Form 12.913(c). You should 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.
After the Affidavit of Diligent Search and Inquiry, Family Law Rules of Procedure Form 12.913(b) or
12.913(c), is filed, the clerk will sign this form. You will need to publish notice once each week for four
consecutive weeks in a “qualified” newspaper in the county where the case is pending. When in doubt,
ask the clerk which newspapers are “qualified.” The newspaper will charge you for this service. If you
cannot afford to pay the cost of publishing this notice, you may ask the clerk to post the notice at a place
designated for such postings. You will need to file an Application for Determination of Civil Indigent
Status, which you can obtain from the clerk. If the clerk determines that you cannot afford these costs,
the clerk will post the notice of action. If your case involves termination of a legal father's parental
rights when another man is alleged to be the biological father, you need to publish the notice only in the