Family Law Form 12.913(A)(3) "Notice of Action for Termination of Parental Rights and Stepparent Adoption" - Florida

What Is Family Law Form 12.913(A)(3)?

This is a legal form that was released by the Florida Circuit Court - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on June 1, 2018;
  • The latest edition provided by the Florida Circuit Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Family Law Form 12.913(A)(3) by clicking the link below or browse more documents and templates provided by the Florida Circuit Court.

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.913(a)(3)
NOTICE OF ACTION FOR TERMINATION OF PARENTAL RIGHTS AND
STEPPARENT ADOPTION
(06/18)
When should this form be used?
This form may be used to obtain constructive service (also called service by publication or posting) in an
action involving a Joint Petition for Adoption by Stepparent. You may use constructive service for any person
whose consent is required under the Florida Statutes and who has NOT executed a consent to the
adoption. This includes:
 The mother of the minor child(ren);
The father of the minor child(ren), if:
The minor child(ren) were conceived or born while the father was married to the
mother;
The minor child(ren) is/are his children by adoption;
The minor child(ren) have been adjudicated by the court to be his child(ren)
before the date a petition for termination of parental rights is filed;
 He has filed an affidavit of paternity or was listed on the minor child’s birth
certificate before the date the petition for termination of parental rights was
filed; or
 In the case of an unmarried biological father, he has acknowledged in writing,
signed in the present of a competent witness, that he is the father of the minor,
has filed such acknowledgment with the Office of Vital Statistics for the
Department of Health within the required timeframes, and has complied with the
requirements of section 63.062(2), Florida Statutes; and
Any person lawfully entitled to custody of the minor child if required by the court.
The location of the person must be unknown. You must complete and file a Stepparent Adoption: Affidavit
of Diligent Search, Florida Supreme Court Approved Family Law Form 12.981(a)(4). 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- last known address- physical description, including but not limited to age,
race, hair and eye color, and approximate height and weight of the person- the minor child(ren)’s date of
birth- and the minor child(ren)’s place of birth. File this form with the clerk of the circuit court in the
county where your petition was filed. 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
Instructions for Florida Supreme Court Approved Family Form 12.913(a)(3), Notice of Action for Termination of
Parental Rights and Stepparent Adoption (06/18)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.913(a)(3)
NOTICE OF ACTION FOR TERMINATION OF PARENTAL RIGHTS AND
STEPPARENT ADOPTION
(06/18)
When should this form be used?
This form may be used to obtain constructive service (also called service by publication or posting) in an
action involving a Joint Petition for Adoption by Stepparent. You may use constructive service for any person
whose consent is required under the Florida Statutes and who has NOT executed a consent to the
adoption. This includes:
 The mother of the minor child(ren);
The father of the minor child(ren), if:
The minor child(ren) were conceived or born while the father was married to the
mother;
The minor child(ren) is/are his children by adoption;
The minor child(ren) have been adjudicated by the court to be his child(ren)
before the date a petition for termination of parental rights is filed;
 He has filed an affidavit of paternity or was listed on the minor child’s birth
certificate before the date the petition for termination of parental rights was
filed; or
 In the case of an unmarried biological father, he has acknowledged in writing,
signed in the present of a competent witness, that he is the father of the minor,
has filed such acknowledgment with the Office of Vital Statistics for the
Department of Health within the required timeframes, and has complied with the
requirements of section 63.062(2), Florida Statutes; and
Any person lawfully entitled to custody of the minor child if required by the court.
The location of the person must be unknown. You must complete and file a Stepparent Adoption: Affidavit
of Diligent Search, Florida Supreme Court Approved Family Law Form 12.981(a)(4). 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- last known address- physical description, including but not limited to age,
race, hair and eye color, and approximate height and weight of the person- the minor child(ren)’s date of
birth- and the minor child(ren)’s place of birth. File this form with the clerk of the circuit court in the
county where your petition was filed. 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
Instructions for Florida Supreme Court Approved Family Form 12.913(a)(3), Notice of Action for Termination of
Parental Rights and Stepparent Adoption (06/18)
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 Stepparent Adoption: Affidavit of Diligent Search, Florida Supreme Court Approved Family Law Form
12.981(a)(4) 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 person was last known to have
resided. 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. You are responsible for locating a “qualified”
newspaper in the county where the other party last resided and paying the cost of publication.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure,
rule 1.070, Florida Rules of Civil Procedure, sections 61.501–61.542, Florida Statutes and chapter 49,
Florida Statutes.
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 Form 12.913(a)(3), Notice of Action for Termination of
Parental Rights and Stepparent Adoption (06/18)
Special notes...
If the other party fails to respond to your petition within the time limit stated in the notice of action that
is published or posted, you are entitled to request a default. (See Motion for Default, Florida Supreme
Court Approved Family Law Form 12.922(a), and Default, Florida Supreme Court Approved Family Law
Form 12.922(b).) 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 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.
Instructions for Florida Supreme Court Approved Family Form 12.913(a)(3), Notice of Action for Termination of
Parental Rights and Stepparent Adoption (06/18)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division: __________________________________________________________________________________ ________
IN RE: THE ADOPTION OF:
_______________________________________
[Name to be given child(ren) Adoptees(s).
NOTICE OF ACTION FOR TERMINATION OF PARENTAL RIGHTS AND
STEPPARENT ADOPTION
TO: {name of Respondent} _______________________________________________________________
{Respondent’s last known address} ________________________________________________________
YOU ARE NOTIFIED that a Joint Petition for Adoption by Stepparent has been filed against you and that
you are required to serve a copy of your written defenses, if any, to it on
{name of Petitioner} __________________________________________________________________,
whose address is ______________________________________________________________________,
on or before {date} _________________, and file the original with the clerk of this Court at {clerk’s
address} _____________________________________________________________________________,
before service on Petitioner or immediately thereafter. If you fail to do so, a default may be entered
against you for the relief demanded in the petition.
The minor child(ren) are identified as follows:
Date of Birth
Place of Birth
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Physical Description of Respondent:
Age: _____________
Race:____________________
Hair Color: _______________
Eye Color: _______________
Approximate Height: _______
Approximate Weight: ______
Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit
Court’s office. You may review these documents upon request.
You must keep the Clerk of the Circuit Court’s office notified of your current address. (You may file
Designation of Current Mailing and E-Mail Address, Florida Supreme Court Approved Family Law Form
12.915.) Future papers in this lawsuit will be mailed or e-mailed to the addresses on record at the clerk’s
Instructions for Florida Supreme Court Approved Family Form 12.913(a)(3), Notice of Action for Termination of
Parental Rights and Stepparent Adoption (06/18)
office.
Dated: _______________
CLERK OF THE CIRCUIT COURT
By: ___________________________________________
{Deputy Clerk}
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 Petitioner.
This form was completed with the assistance of:
{name of individual}, ___________________________________________________________________,
{name of business}_____________________________________________________________________,
{address} ____________________________________________________________________________,
{city}_________________, {state} _____, {zip code},_________, {telephone n
Instructions for Florida Supreme Court Approved Family Form 12.913(a)(3), Notice of Action for Termination of
Parental Rights and Stepparent Adoption (06/18)