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Content Overview

Understanding Florida Petitioner

  1. What is the purpose of the Florida Petitioner form?

    The Florida Petitioner form, officially known as the Petition to Determine Paternity and for Related Relief, is designed for parents—either the birth mother or father—to legally establish paternity for their child or children. This form allows individuals to request the court to determine the father of a minor child, establish a time-sharing schedule, and address child support obligations.

  2. Who should use this form?

    This form should be utilized by either the birth mother or father who seeks to establish legal paternity. If you are unsure of the father’s identity, this form can also help initiate the legal process to determine paternity. It is essential for ensuring that the child’s rights and needs are addressed in matters of custody and support.

  3. What are the filing requirements for this form?

    After completing the form, it must be signed before a notary public or deputy clerk. The original should be filed with the clerk of the circuit court in your county, and it is advisable to keep a copy for your records. Additionally, all petitions and documents must now be filed electronically, in accordance with Florida Rules of Judicial Administration, unless specific exceptions apply.

  4. What happens after I file the petition?

    Once the petition is filed, it is crucial to notify the respondent (the other parent) of the petition. If you know their address, personal service is recommended. The respondent then has 20 days to respond. Depending on their response, the case may proceed in one of three ways: default, uncontested, or contested. Each scenario has specific follow-up steps, including filing additional forms and potentially setting a final hearing.

  5. What additional documents are required with the petition?

    When filing the petition, several additional documents must also be submitted, including the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Notice of Social Security Number, Family Law Financial Affidavit, and a Child Support Guidelines Worksheet. If applicable, a Parenting Plan should also be included. These documents help the court understand the family dynamics and financial responsibilities involved.

Common mistakes

  1. Incomplete Information: One of the most common mistakes is failing to provide complete information about the parties involved. This includes not listing all minor children or not providing accurate addresses for both the petitioner and respondent. Omissions can lead to delays or complications in the legal process.

  2. Incorrect Filing Method: Many individuals mistakenly choose to file their petitions in person instead of electronically, despite the requirement for e-filing in most cases. Not adhering to the electronic filing rules can result in the petition being rejected or delayed.

  3. Neglecting to Serve Documents Properly: Some petitioners overlook the importance of properly notifying the respondent of the petition. Using personal service when the respondent's address is known is crucial. If personal service is not possible, petitioners must understand the implications of using constructive service.

  4. Failure to Include Required Attachments: Another frequent error is not including necessary documents, such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit or the Family Law Financial Affidavit. Missing these attachments can result in the court not processing the petition or requiring additional hearings.

How to Use Florida Petitioner

Completing the Florida Petitioner form is essential for establishing paternity and related matters. After filling out the form, ensure that you sign it in front of a notary public or deputy clerk. You will then need to file the original with the clerk of the circuit court in your county. Keeping a copy for your records is also important.

  1. Obtain the Florida Petitioner form 12.983(a) from the appropriate source.
  2. Type or print the form in black ink.
  3. Fill in your full legal name as the Petitioner.
  4. Indicate your relationship to the minor child(ren) by checking the appropriate box (Mother or Father).
  5. List the names and birth dates of the minor child(ren) in the designated section.
  6. Provide your current address, including street address, city, and state.
  7. Enter the Respondent's current address, including street address, city, and state.
  8. Confirm that both parties are over the age of 18.
  9. Sign the form in front of a notary public or deputy clerk.
  10. File the original form with the clerk of the circuit court in your county.
  11. Keep a copy of the filed form for your records.

File Specs

Fact Name Description
Purpose of the Form This form is used by a birth mother or father to legally establish paternity, create a time-sharing schedule, and/or request child support for minor children.
Filing Requirements The original form must be filed with the clerk of the circuit court in the county of residence. A copy should be kept for personal records.
E-Filing Mandate According to Florida Rule of Judicial Administration 2.525, all petitions and documents must be filed electronically, except in specific circumstances.
Service of Process After initial service by a Sheriff or certified process server, subsequent documents must be served via electronic mail as per Florida Rule of Judicial Administration 2.516.
↓ Florida Petitioner PDF Form

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