Florida Paternity / Parentage Petition + Final Judgment Filing Packet

FLORIDA PATERNITY / PARENTAGE PETITION + FINAL JUDGMENT FILING PACKET

PART 1 — PRE-PETITION FACTUAL CHECKLIST

Use this checklist BEFORE drafting. Each "yes" can change available causes of action, presumptions, or jurisdiction.

A. Child Information

☐ Child's full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Place of birth (city / county / state): [________________________________]
☐ Sex on birth certificate: [____]
☐ Principal residence (last 6 months): [________________________________]
☐ Child currently subject of any prior court order (DOR administrative, dependency, juvenile, family): ☐ Yes ☐ No
☐ If yes, court / case: [________________________________]

B. Mother

☐ Full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Address: [________________________________]
☐ Marital status at conception: ☐ Single ☐ Married to [________________________________] ☐ Separated ☐ Divorced (date final: [__/__/____])
☐ Marital status at birth: ☐ Single ☐ Married ☐ Separated ☐ Divorced
☐ Spouse at conception / birth (if any): [________________________________] (presumption of legitimacy in marriage may apply)

C. Petitioner

☐ Full legal name: [________________________________]
☐ Standing under § 742.011: ☐ Mother (pregnant or with child) ☐ Man believing he is father ☐ Child ☐ Florida Department of Revenue (Title IV-D)
☐ Address: [________________________________]
☐ Florida residency 6+ months: ☐ Yes ☐ No (jurisdictional consideration)

D. Existing Acknowledgment of Paternity

☐ Voluntary Acknowledgment of Paternity (DH 511) signed at hospital or thereafter: ☐ Yes ☐ No
☐ Date signed: [__/__/____] Date filed with Office of Vital Statistics: [__/__/____]
☐ More than 60 days elapsed (rescission window closed): ☐ Yes ☐ No
☐ After 60 days, AOP creates rebuttable presumption of paternity under § 742.10(4); challenge limited to fraud, duress, or material mistake (§ 742.10(4)).

E. Administrative Paternity (DOR — § 409.256)

☐ Florida Department of Revenue has opened administrative paternity case: ☐ Yes (Case #: [____________]) ☐ No
☐ Genetic testing has been ordered or completed by DOR: ☐ Yes ☐ No

F. Putative Father Registry (§ 63.054) — Adoption-Adjacent

☐ Claim of paternity filed with Florida Putative Father Registry: ☐ Yes (date: [__/__/____]) ☐ No ☐ Not applicable

G. Disestablishment Considerations (§ 742.18)

☐ Petitioner is a legal father seeking disestablishment under § 742.18: ☐ Yes ☐ No
If yes, statutory affidavit, newly discovered evidence, and full child-support payment status are required.

H. ICWA

☐ Child is or may be an "Indian child" under 25 U.S.C. § 1903: ☐ Yes ☐ Unknown ☐ No

PART 2 — PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF (Form 12.983(a) Reference)

IN THE CIRCUIT COURT OF THE [____]TH JUDICIAL CIRCUIT,
IN AND FOR [_______________] COUNTY, FLORIDA

Case No.: [________________] Division: [________________]

PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF

Petitioner, [________________________________], states under oath:

1. Jurisdiction. This Court has jurisdiction under Fla. Stat. § 742.011. Petitioner has been a resident of Florida for at least six (6) months immediately preceding the filing of this Petition.

2. Venue. Venue is proper in [_______________] County under § 742.021(1) because ☐ Petitioner resides in this county ☐ Respondent resides in this county.

3. Standing. Petitioner has standing under § 742.011 as ☐ the mother ☐ a man having reason to believe he is the father ☐ the child (by representative) ☐ Department of Revenue.

4. Subject Child.
a. Name: [________________________________]
b. Date of Birth: [__/__/____]
c. Place of Birth: [________________________________]
d. Sex: [____]
e. Present Residence: [________________________________]

5. UCCJEA Affidavit. A Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (Form 12.902(d)) is filed concurrently disclosing the child's residence for the past five years.

6. Marital Status of Mother.
☐ Mother was unmarried at conception and birth.
☐ Mother was married to [________________________________] at conception or birth; the presumption of legitimacy applies and must be overcome by clear and convincing evidence.
☐ Mother was separated / divorced; details: [________________________________]

7. Allegations of Paternity.
☐ Respondent is the biological father of the child based on: [________________________________]
☐ Petitioner (man) has reason to believe he is the father based on: [________________________________]
☐ A Voluntary Acknowledgment of Paternity (DH 511) signed [__/__/____] should be ratified by Final Judgment.
☐ Genetic testing has been completed; results dated [__/__/____] show [____]% probability (Exhibit "A").
☐ Genetic testing should be ordered under § 742.12.

8. Putative Father Registry / Adoption. ☐ No proceeding for adoption or termination of parental rights of this child is pending ☐ Adoption / TPR proceeding pending in Case No. [____________]; Petitioner ☐ has ☐ has not filed a Claim of Paternity with the Florida Putative Father Registry.

9. ICWA. The child ☐ is ☐ is not ☐ may be an Indian child under 25 U.S.C. § 1903. See Part 10.

10. Parenting Plan / Time-Sharing. Petitioner requests that, upon determination of paternity, the Court establish a parenting plan and time-sharing schedule consistent with Fla. Stat. § 61.13 and § 742.031, and award shared parental responsibility unless detriment is shown.

11. Child Support. Petitioner requests an order of child support consistent with the Florida Child Support Guidelines (Fla. Stat. § 61.30). Retroactive support is requested under § 61.30(17) for the period of [__/__/____] through entry of this judgment.

12. Other Relief. Petitioner requests:
☐ Amendment of birth certificate (§ 742.091 / § 382.013)
☐ Health insurance coverage (§ 61.13(1)(b))
☐ Attorney's fees and costs (§ 742.045)
☐ Such other relief as is just and proper.

WHEREFORE, Petitioner requests entry of a Final Judgment of Paternity and other relief as set forth.

VERIFICATION: Under penalties of perjury, I declare that I have read the foregoing and the facts stated in it are true.

Dated: [__/__/____] Signature: _________________________
[PETITIONER NAME]

STATE OF FLORIDA, COUNTY OF [_______________]
Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence ☐ online notarization, this [____] day of [____________], 20[____].
_________________________________ Notary Public, State of Florida

PART 3 — ACKNOWLEDGMENT OF PATERNITY (DH 511 Reference)

ACKNOWLEDGMENT OF PATERNITY (Fla. Stat. § 742.10(1)(a))

Child:
☐ Name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Place of birth: [________________________________]
☐ Sex: [____]

Mother:
☐ Name: [________________________________]
☐ DOB: [__/__/____]
☐ SSN: [____________]
☐ Address: [________________________________]
☐ I was unmarried at conception, birth, and intervening times, OR my legal spouse at the time was not the biological father and ☐ has executed a Denial of Paternity OR ☐ a court order has rebutted the presumption of legitimacy.

Father (Acknowledging):
☐ Name: [________________________________]
☐ DOB: [__/__/____]
☐ SSN: [____________]
☐ Address: [________________________________]
☐ I am the biological father; I have read and understand the rights, responsibilities, and consequences of signing.

Required Disclosures. Each signatory has received written explanation of:

• The right to refuse to sign, the right to genetic testing, and the right to court hearing.
• That the AOP, after 60 days, creates a rebuttable presumption of paternity (§ 742.10(4)).
• That after 60 days, the AOP may be challenged only on the basis of fraud, duress, or material mistake of fact.
• That the AOP establishes child-support and custody rights and obligations.

Mother Signature: _________________________ Date: [__/__/____]
Acknowledging Father Signature: _________________________ Date: [__/__/____]
Notary Public (both signatures notarized): _________________________

File with: Florida Department of Health, Office of Vital Statistics — Paternity, P.O. Box 210, Jacksonville, FL 32231-0042.

PART 4 — SUMMONS / SERVICE OF PROCESS

NOTICE TO RESPONDENT (Florida Family Law Form 12.910(a) Reference)

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached Petition with the clerk of this court (or 60 days if served out of state). A phone call will not protect you; your written response, including the case number and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court.

Service Options:

☐ Personal service by sheriff or certified process server (Fla. Stat. § 48.031)
☐ Substituted service at residence on person 15+ residing therein, with notice
☐ Service on Florida-licensed business / employer with mailing (§ 48.031)
☐ Constructive service / service by publication (Fla. Stat. §§ 49.011-49.011) after diligent search
☐ Acceptance of service (Florida Family Law Form 12.910(b))
☐ Service on Indian Tribe / BIA where ICWA applies (25 U.S.C. § 1912(a))

Notice Required by § 742.021(2) (Putative Father Registry advisement):

"In order to preserve the right to notice and consent to the adoption of the child, an unmarried biological father must, as the 'registrant,' file a notarized claim of paternity form with the Florida Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health which includes confirmation of his willingness and intent to support the child for whom paternity is claimed in accordance with state law."

PART 5 — MOTION FOR ORDER OF SCIENTIFIC PATERNITY TESTING (§ 742.12)

MOTION FOR SCIENTIFIC PATERNITY TESTING

Petitioner, pursuant to Fla. Stat. § 742.12, moves this Court for an order requiring Petitioner, Respondent, and the minor child to submit to scientific testing to determine paternity, and states:

1. The paternity of the child is at issue in this proceeding.
2. § 742.12(1) provides that, in any proceeding to establish paternity, the court on its own motion may require the parties to submit to scientific tests that are generally acceptable within the scientific community to show a probability of paternity.
3. § 742.12(2) requires the court to order testing upon request of any party where paternity is at issue, except where good cause to deny is shown.
4. Statistical results of 95% or greater create a rebuttable presumption of paternity (§ 742.12(4)).

[PROPOSED] ORDER FOR SCIENTIFIC PATERNITY TESTING

THIS CAUSE having come before the Court on Petitioner's Motion for Scientific Paternity Testing, and the Court finding good cause, IT IS ORDERED:

1. Petitioner [________________________________], Respondent [________________________________], and the minor child [________________________________] shall submit to scientific paternity testing on or before [__/__/____].

2. Testing shall be performed by [________________________________], an AABB-accredited laboratory, using buccal swab or blood-draw with proper chain of custody.

3. Test results constituting a statistical probability of paternity of 95% or greater shall create a rebuttable presumption of paternity (§ 742.12(4)).

4. Costs of testing shall be ☐ initially advanced by Petitioner ☐ apportioned between the parties ☐ paid by DOR Title IV-D agency, subject to reallocation at final hearing.

5. Failure to submit to ordered testing may be deemed prima facie evidence of paternity (§ 742.12(6)).

DONE AND ORDERED in chambers in [_______________] County, Florida, on [__/__/____].

_________________________________
CIRCUIT JUDGE

PART 6 — MOTION FOR DEFAULT AND DEFAULT FINAL JUDGMENT

MOTION FOR DEFAULT (Fla. R. Civ. P. 1.500; Fla. Fam. L. R. P. 12.500)

Petitioner moves for entry of Clerk's Default against Respondent [________________________________], stating:

1. Respondent was personally served with the Summons and Petition on [__/__/____] (Return of Service filed).
2. Respondent has failed to file or serve any pleading or paper as required by law within the time allowed.
3. Petitioner requests that the Clerk enter default and that the Court enter Default Final Judgment of Paternity.

Servicemembers Civil Relief Act affidavit (50 U.S.C. § 3931) attached.

[PROPOSED] DEFAULT FINAL JUDGMENT OF PATERNITY

THIS CAUSE came before the Court on Petitioner's Motion for Default Final Judgment. The Court, having reviewed the file, the affidavit of facts, and ☐ genetic test results showing [____]% probability, and Respondent having been duly defaulted, FINDS:

1. The Court has jurisdiction over the parties and the subject matter.
2. Respondent was duly served and defaulted.
3. Petitioner has established by competent evidence (including ☐ genetic test results) the paternity of [RESPONDENT / PETITIONER] of the minor child [________________________________], born [__/__/____].

IT IS THEREFORE ADJUDGED:

(a) [PARENT NAME] is the legal father of [CHILD], born [__/__/____].
(b) Birth certificate shall be amended (see Part 7 / Part 8).
(c) Child support, time-sharing, and related relief are addressed as set forth in Part 7.

DONE AND ORDERED on [__/__/____].

_________________________________
CIRCUIT JUDGE

PART 7 — FINAL JUDGMENT OF PATERNITY AND CHILD-SUPPORT RESERVATION

FINAL JUDGMENT OF PATERNITY

THIS CAUSE came on for ☐ final hearing ☐ trial ☐ disposition on stipulation on [__/__/____]. Based on the pleadings, evidence, and applicable law, the Court FINDS:

1. The Court has subject-matter and personal jurisdiction.
2. Service of process was properly effected.
3. ICWA inquiry has been conducted; child ☐ is ☐ is not an Indian child.
4. [PARENT NAME] is the legal father / parent of [CHILD], born [__/__/____] at [_______________].

IT IS ORDERED AND ADJUDGED:

1. Paternity Established. The parent-child relationship between [PARENT] and [CHILD] is hereby established for all purposes under Florida law.

2. Birth Certificate Amendment. Pursuant to § 382.013, the Florida Department of Health, Office of Vital Statistics, is directed to amend the child's birth certificate to reflect [PARENT NAME] as the legal father. The child's surname shall be [________________________________]. (See Part 8.)

3. Parental Responsibility. The parents shall share parental responsibility, with the following decision-making authority: [________________________________]. (Sole parental responsibility ordered only upon a finding of detriment to the child under § 61.13(2)(c)(2).)

4. Time-Sharing. A Parenting Plan, attached hereto as Exhibit "[__]", is approved and incorporated. Time-sharing is allocated as set forth therein, consistent with the best interests of the child (§ 61.13(3)).

5. Child Support. Pursuant to the Child Support Guidelines (§ 61.30), Respondent shall pay child support of $[__________] per month, commencing [__/__/____], paid through the State Disbursement Unit. Retroactive child support of $[__________] for the period [__/__/____] – [__/__/____] is awarded under § 61.30(17), payable at $[__________] per month.

6. Income Deduction Order. An Income Deduction Order shall issue immediately (§ 61.1301).

7. Health and Dental Insurance. [Parent obligated] shall provide health and dental insurance for the child if reasonably available through employment (§ 61.13(1)(b)).

8. Tax Dependency Exemption. [________________________________]

9. Attorney's Fees and Costs. ☐ Reserved ☐ Awarded to [____________] in the amount of $[__________] under § 742.045.

10. Continuing Jurisdiction. The Court retains jurisdiction to enforce and modify this Final Judgment (§ 742.06).

DONE AND ORDERED in chambers at [_______________] County, Florida, on [__/__/____].

_________________________________
CIRCUIT JUDGE

PART 8 — NOTICE TO AMEND BIRTH CERTIFICATE

TO: Florida Department of Health, Office of Vital Statistics — Paternity Unit

Re: Amendment of Birth Certificate Following Judicial Determination of Paternity (Fla. Stat. § 382.013, § 742.091)

The undersigned encloses a certified copy of the Final Judgment of Paternity entered on [__/__/____] in Case No. [________________], [____]th Judicial Circuit in and for [_______________] County, Florida, adjudicating [PARENT NAME] as legal father of the child described below.

Filing fee of $[____] enclosed. Self-addressed return envelope enclosed.

Mail to: Bureau of Vital Statistics, Office of Vital Statistics, P.O. Box 210, Jacksonville, FL 32231-0042.

Submitted by: [________________________________]
Date: [__/__/____] Signature: _________________________

PART 9 — PETITION TO RESCIND / CHALLENGE ACKNOWLEDGMENT; DISESTABLISHMENT

A. NOTICE OF RESCISSION OF ACKNOWLEDGMENT (Within 60 Days)

Pursuant to Fla. Stat. § 742.10(4), the undersigned signatory hereby rescinds the Voluntary Acknowledgment of Paternity executed on [__/__/____] concerning [CHILD]. This rescission is filed within 60 days of execution.

Rescinding Party: [________________________________]
Signature: _________________________ Date: [__/__/____]
Notary: [Attach]

Filed with: Florida DOH Office of Vital Statistics — Paternity, P.O. Box 210, Jacksonville, FL 32231-0042. Copy served on: [________________________________].

B. PETITION TO RESCIND / SET ASIDE ACKNOWLEDGMENT (After 60 Days — § 742.10(4))

Petitioner alleges:

1. The AOP was signed on [__/__/____] (more than 60 days ago).
2. The presumption of paternity created by the AOP should be rebutted on the basis of: ☐ Fraud ☐ Duress ☐ Material mistake of fact
3. Specific facts: [________________________________]
4. Genetic testing requested under § 742.12.

C. PETITION FOR DISESTABLISHMENT OF PATERNITY (§ 742.18)

Petitioner, as the legally established father of [CHILD], alleges:

1. Newly discovered scientific evidence not reasonably available at the time of legal establishment of paternity: [________________________________] (attach affidavit).
2. Scientific testing administered within 90 days prior to filing this petition excluded Petitioner as the biological father: [________________________________] (attach test results).
3. Petitioner is current on all child-support obligations, OR substantially compliant with a court order to pay: [________________________________].
4. Petitioner has not adopted the child, the child was not conceived through artificial insemination with consent, Petitioner did not act to prevent the biological father from asserting parental rights, and the child was not born more than 5 years before the petition where Petitioner knew or should have known of the misrepresentation.

WHEREFORE, Petitioner requests an Order disestablishing paternity, terminating future child-support obligation, and amending the birth certificate.

VERIFICATION (notarized): _________________________ Date: [__/__/____]

PART 10 — ICWA (INDIAN CHILD WELFARE ACT) INQUIRY

DECLARATION OF ICWA INQUIRY (25 U.S.C. § 1903)

The undersigned has inquired of the parties, extended family, and other reasonably available sources whether the child is or may be a member of, or eligible for membership in, a federally recognized Indian tribe (e.g., Seminole Tribe of Florida, Miccosukee Tribe of Indians of Florida).

☐ The child has NO known Indian ancestry; ICWA does NOT apply.

☐ The child MAY have Indian ancestry:
Tribe(s): [________________________________]
Source of information: [________________________________]
Enrollment status: [________________________________]

☐ Further inquiry pending; will be conducted with: [________________________________]

If ICWA applies:

• Notice on identified tribe(s), parent(s), Indian custodian, and BIA Regional Director by registered mail, return receipt requested, at least 10 days before any hearing (25 U.S.C. § 1912(a)).
• Tribe's right to intervene at any time (25 U.S.C. § 1911(c)).
• Active-efforts (§ 1912(d)) and placement-preference (§ 1915) where placement is implicated.

Under penalty of perjury under the laws of Florida, the foregoing is true and correct.

Dated: [__/__/____] Signature: _________________________

SOURCES AND REFERENCES

• Florida Statutes Chapter 742 (Determination of Parentage), http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html
• Fla. Stat. §§ 742.011, 742.021, 742.031, 742.10, 742.12, 742.18, 742.091, 742.045
• Fla. Stat. §§ 61.13, 61.30, 61.1301 (parenting plan, child support, IDO)
• Fla. Stat. § 382.013 (birth registration; paternity)
• Fla. Stat. § 409.256 (DOR administrative paternity)
• Fla. Stat. § 63.054 (Florida Putative Father Registry)
• Florida Supreme Court Approved Family Law Forms: 12.983(a), 12.910(a), 12.902(d)
• Florida DOH Form DH 511 (Acknowledgment of Paternity)
• 25 U.S.C. §§ 1901-1963 (Indian Child Welfare Act)

END OF FLORIDA PATERNITY / PARENTAGE PETITION + FINAL JUDGMENT FILING PACKET