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 having reason to believe he is the father ☐ Child. DOR administrative paternity proceedings are addressed separately under § 409.256.
☐ Address: [________________________________]

D. Existing Acknowledgment of Paternity

☐ Voluntary Acknowledgment of Paternity (DH 432) signed at hospital or thereafter: ☐ Yes ☐ No
☐ Date signed: [__/__/____] Date filed with Office of Vital Statistics: [__/__/____]
☐ Has the earlier of these events occurred: 60 days after signing, or an administrative or judicial proceeding about the child in which a signatory is a party? ☐ Yes ☐ No
☐ After the rescission period, a signed AOP establishes paternity under § 742.10(4); a court challenge is limited to fraud, duress, or material mistake of fact.

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, § 742.18 requires an affidavit of newly discovered paternity evidence and an affidavit stating either that support payments are current or that the petitioner substantially complied and any delinquency arose from inability for just cause to pay. Record the payment basis and attach supporting evidence.

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 proceeding to determine paternity is brought in circuit court under Fla. Stat. § 742.011.

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).

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 432) signed [__/__/____] should be considered by the Court.
☐ 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). Petitioner will file a financial affidavit (Form 12.902(b) or (c)) and a Child Support Guidelines Worksheet (Form 12.902(e)); if the other party's income is unknown, the worksheet may follow that party's financial affidavit. Retroactive support is requested under § 61.30(17) for the period of [__/__/____] through entry of this judgment.

12. Other Relief. Petitioner requests:
☐ New birth certificate after paternity judgment (§ 382.015(2); see also § 382.016(1)(c) if a father is already listed)
☐ 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.

Companion filing checklist

Check the current circuit's filing instructions. The Thirteenth Judicial Circuit's paternity packet lists these companion forms:

☐ UCCJEA Affidavit, Form 12.902(d).
☐ Notice of Social Security Number, Form 12.902(j).
☐ Financial Affidavit, Form 12.902(b) or (c).
☐ Child Support Guidelines Worksheet, Form 12.902(e), when support is requested. If the other party's income is unknown, the court packet allows the worksheet after that party files a financial affidavit.
☐ Notice of Related Cases, Form 12.900(h), with the initial petition under Florida Rule of General Practice and Judicial Administration 2.545(d). Follow the circuit's directions if there are no related cases.
☐ Certificate of Compliance with Mandatory Disclosure, Form 12.932, within the time stated in the current instructions.
☐ Parenting Plan, Form 12.995(a), (b), or (c), as applicable.

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 432 Checklist)

Use the Florida Department of Health's DH 432 Acknowledgment of Paternity when a voluntary acknowledgment is appropriate. This checklist is for preparation only; it is not the acknowledgment form.

☐ Confirm that the parents meet the eligibility statements printed on DH 432, including its statements about the mother's marital status, the birth record, and any pending or completed court action.
☐ Enter the child and both parents' information on the official form, and read and sign its reverse side as instructed.
☐ Have both parents sign before a notary public or before two witnesses, following the signature blocks on DH 432.
☐ Follow the official form's current submission instructions. Keep a copy for the paternity case if an acknowledgment is relevant.

An acknowledgment does not itself establish parental responsibility, support, or a parenting plan; those matters require an action under § 742.011 (§ 742.10(5)).

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 days after this summons is served on you to file a written response to the attached Petition with the clerk of this court. 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 by publication, only as to the legal father when another man is alleged to be the biological father, or as to the legal mother when there is no legal father (Fla. Stat. § 49.011(15)). Use only when personal service or appropriate § 48.194 service cannot be had (§ 49.021), with a sworn statement addressing diligent search (§§ 49.031, 49.041) and statutory notice (§ 49.08).
☐ Service on Indian Tribe / BIA where ICWA applies (25 U.S.C. § 1912(a))

For personal service, Form 12.910(b) is the Process Service Memorandum used to give the sheriff or private process server delivery instructions.

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. Under § 742.12(2), the Court may order testing on a party's request supported by a sworn statement or written declaration setting out facts showing a reasonable possibility of sexual contact, or its nonexistence, as applicable. The supporting facts are: [________________________________]. A sworn statement or declaration is attached as Exhibit [__].
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. The laboratory shall provide verified chain of custody documentation for the specimens (§ 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. New Birth Certificate. Under § 382.015(2), after receiving the required report or certified final judgment and identifying information, the Florida Department of Health shall prepare a new birth certificate reflecting this paternity determination. The child's name shall be entered as decreed here: [________________________________]. (See Part 8.)

3. Parental Responsibility. The parents shall share parental responsibility, with the following decision-making authority: [________________________________]. If sole responsibility is proposed instead, the Court must apply the shared-responsibility default and the sole-responsibility provisions in § 61.13(2)(c)2. and 5. Court findings: [________________________________].

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: New Birth Certificate Following Judicial Determination of Paternity (Fla. Stat. § 382.015(2))

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 (Before the § 742.10(1) Deadline)

Pursuant to Fla. Stat. § 742.10(1), the undersigned signatory rescinds the Voluntary Acknowledgment of Paternity executed on [__/__/____] concerning [CHILD]. This notice is submitted before the earlier of 60 days after signing or an administrative or judicial proceeding about the child in which the signatory is a party. Date of any such proceeding: [__/__/____] or ☐ none.

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 CHALLENGE ACKNOWLEDGMENT (After the Rescission Period — § 742.10(4))

Petitioner alleges:

1. The AOP was signed on [__/__/____] (more than 60 days ago).
2. The signed AOP established paternity after the rescission period under § 742.10(4). Petitioner asks the Court to set it aside 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 before filing excluded Petitioner as the biological father (attach results): [________________________________]. ☐ Petitioner lacked access to the child for prefiling testing (attach affidavit and request court-ordered testing).
3. Petitioner is ☐ current on all child-support payments for this child or ☐ substantially compliant with the support obligation, with any delinquency arising from inability for just cause to pay. Explain and attach the affidavit required by § 742.18(1)(c): [________________________________].
4. Petitioner has not adopted the child; the child was not conceived through artificial insemination while Petitioner and the mother were married; Petitioner did not prevent the biological father from asserting paternal rights; and the child was younger than 18 when this petition was filed. After learning he was not the biological father, Petitioner did not: marry the mother while known as the reputed father and voluntarily assume support; acknowledge paternity in a sworn statement; consent to being named on the birth certificate; promise support in writing and become required to support on that basis; disregard a written testing notice from an agency or court; or sign an AOP under § 742.10(4).

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).

☐ Current inquiry disclosed no information giving reason to know the child meets 25 U.S.C. § 1903(4); this is not a tribal-membership determination. If this is an emergency or child-custody proceeding, keep the inquiry on the record and update it under 25 C.F.R. § 23.107.

☐ 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 penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true.

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, 742.045
• Fla. Stat. §§ 61.13, 61.30, 61.1301 (parenting plan, child support, IDO)
• Fla. Stat. §§ 382.013, 382.015(2), 382.016(1)(c) (birth registration and a new certificate after paternity judgment)
• 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), 12.902(j), 12.902(b)/(c), 12.902(e), 12.900(h), 12.932, 12.995(a)/(b)/(c)
• Florida DOH Form DH 432 (Acknowledgment of Paternity)
• Florida Thirteenth Judicial Circuit, Paternity - Personal Service, Packet 34, https://www.fljud13.org/Portals/0/Forms/pdfs/family/packet34.pdf
• 25 U.S.C. §§ 1901-1963 (Indian Child Welfare Act)

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