Form 12.983(C) "Answer to Petition and Counterpetition to Determine Paternity and for Related Relief" - Florida

What Is Form 12.983(C)?

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 November 1, 2015;
  • 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 Form 12.983(C) by clicking the link below or browse more documents and templates provided by the Florida Circuit Court.

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Download Form 12.983(C) "Answer to Petition and Counterpetition to Determine Paternity and for Related Relief" - Florida

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INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(c),
ANSWER TO PETITION AND COUNTERPETITION TO DETERMINE
PATERNITY AND FOR RELATED RELIEF (11/15)
When should this form be used?
This form should be used when you are responding to a petition to determine paternity and asking the
court for something different than what was in the petition, such as parental responsibility, time-sharing,
and child support. The answer is used to admit or deny the allegations contained in the petition, and
the counterpetition is used to ask for whatever you want the court to do for you. The other party has 20
days to answer your counterpetition after being served with your counterpetition.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should then file the original with the clerk of the circuit
court in the county where the petition was filed and 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.
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 Administration2.516.
Instructions for Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(c),
ANSWER TO PETITION AND COUNTERPETITION TO DETERMINE
PATERNITY AND FOR RELATED RELIEF (11/15)
When should this form be used?
This form should be used when you are responding to a petition to determine paternity and asking the
court for something different than what was in the petition, such as parental responsibility, time-sharing,
and child support. The answer is used to admit or deny the allegations contained in the petition, and
the counterpetition is used to ask for whatever you want the court to do for you. The other party has 20
days to answer your counterpetition after being served with your counterpetition.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should then file the original with the clerk of the circuit
court in the county where the petition was filed and 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.
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 Administration2.516.
Instructions for Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
What should I do next?
You have 20 days to file an answer or answer and counterpetition to the other party’s petition. A copy
of this form, along with all of the other forms required with this answer and counterpetition, must be
mailed or hand delivered to the other party in your case.
If you deny that the person named in the petition is the child(ren)’s father, a Motion for Scientific
Paternity Testing Florida Supreme Court Approved Family Law Form 12.983(e), should be filed. This is
used to ask the court to order a scientific test to determine who is the child(ren)’s father.
After you file an answer and counterpetition, the case will then generally proceed as follows:
UNCONTESTED. This case is uncontested if you and the other party agree on all issues raised in the
petition and the counterpetition. If this is the case, and you and the other party have complied with
mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake
staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party
of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form
12.923, or other appropriate notice of hearing form.
CONTESTED. This case is contested if you and the other party disagree on any issues raised in the petition
or counterpetition. If you are unable to settle the disputed issues, either party may file a Notice for
Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with
mandatory disclosure and filed all of the required papers. Some circuits may require the completion of
mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or
judicial assistant for instructions on how to set your case for trial (final hearing).
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants for some basic
information. The words that are in bold underline in these instructions are defined there. For further
information, see chapter 742, Florida Statutes.
Special notes...
If the child(ren)’s father signed papers at the hospital acknowledging that he was the father, paternity was
established as a matter of law. This should be indicated on page 2, section 10a of the counterpetition part
of this form. With this answer, you must file the following:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme
Court Approved Family Law Form 12.902(d).
Notice of Social Security Number Florida Supreme Court Approved Family Law Form12.902(j).
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
(This must be filed within 45 days of service of the petition on you if not filed with thisanswer.)
Certificate of Compliance with Mandatory Disclosure Florida Family Law Rules of Procedure
Instructions for Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed with
this answer, unless you and the other party have agreed not to exchange these documents.)
Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). (If
you do not know the other party’s income, you may file this worksheet after his or her financial
affidavit has been filed.)
Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), 12.995(b), or (c). If
the parents have reached an agreement, a signed and notarized Parenting Plan should be
attached. If the parents have not reached an agreement, a proposed Parenting Plan may be
filed.
Many jurisdictions may require the completion of mediation before a final hearing may be set. A
parenting course must be completed prior to entry of the final judgment. You should contact the office
of your local clerk of court, family law intake staff, or the judicial assistant about requirements for
parenting courses or mediation where you live.
Parenting Plan and Time-Sharing. If the parties are unable to agree on parenting arrangements and a
time-sharing schedule, a judge will decide as part of establishing a Parenting Plan. The judge will decide
the parenting arrangements and time-sharing schedule based on the child(ren)’s best interests.
Regardless of whether there is an agreement between the parties, the court reserves jurisdiction to
modify issues relating to minor child(ren).
The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case.
This means that a neutral person will review your situation and report to the judge concerning parenting
issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is being
served. For more information, you may consult section 61.401 and 61.405, Florida Statutes.
Listed below are some terms with which you should become familiar before completing your answer and
counterpetition. If you do not fully understand any of the terms below or their implications, you should
speak with an attorney before going any further.
Shared Parental Responsibility
Sole Parental Responsibility
Supervised Time-Sharing
No contact
Parenting Plan
Parenting Plan Recommendations
Time-Sharing Schedule
Child Support. The court may order one parent to pay child support to assist the other parent inmeeting
the child(ren)’s material needs. Both parents are required to provide financial support, but one parent
may be ordered to pay a portion of his or her support for the child(ren) to the otherparent.
Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines
are based on the combined income of both parents and take into account the financial contributions of
both parents. You should file a financial affidavit, and the other parent will be required to do the same.
From your financial affidavits, you should be able to calculate the amount of child support that should be
Instructions for Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
paid. Because the child support guidelines take several factors into consideration, change over time, and
vary from state to state, your child support obligation may be more or less than that of other people in
seemingly similar situations.
Parenting Plan. In all cases involving minor or dependent child(ren), a Parenting Plan shall be approved
or established by the court. If the parties have reached an agreement, you should file a Parenting Plan,
Florida Supreme Court Approved Family Law Form 12.995(a), 12.995(b), or 12.995(c) which addresses the
time-sharing schedule for the child(ren). If you have not reached an agreement, a proposed Parenting
Plan may be filed. A Parenting Plan will be established by thecourt.
Final Judgments. These family law forms contain a Final Judgment of Paternity, Florida Supreme Court
Approved Family Law Form 12.983(g), which the judge may use. You should check with the clerk, family
law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should
type or print the heading, including the circuit, county, case number, division, and the parties’ names, and
leave the rest blank for the judge to complete at your hearing or trial.
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 a 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 Law Form 12.983(c), Answer to Petition and
Counterpetition to Determine Paternity and for Related Relief (11/15)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ______________________________
Division: __________________________________________________________________________________________
__________________________________,
Petitioner,
and
__________________________________,
Respondent,
ANSWER TO PETITION AND COUNTERPETITION
TO DETERMINE PATERNITY AND FOR RELATED RELIEF
I, {full legal name} __________________________________________________________, Respondent,
being sworn, certify that the following information is true:
ANSWER TO PETITION
1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the
Petition and, therefore, admit those allegations: {indicate section and paragraph number}
______________________________________________________________________________
_____________________________________________________________________________.
2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in
the Petition and, therefore, deny those issues: {indicate section and paragraph number}
______________________________________________________________________________
_____________________________________________________________________________.
3. I currently am unable to admit or deny the following paragraphs due to lack of information:
{indicate section and paragraph number} ____________________________________________
_____________________________________________________________________________.
COUNTERPETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF
SECTION I. PATERNITY
1. Respondent is the _____ mother _____ father of the following minor child(ren):
Name
Birth Date
(1). ___________________________________________________________________________
(2). ___________________________________________________________________________
(3). ___________________________________________________________________________
(4). ___________________________________________________________________________
(5). ___________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.983(c), Answer to Petition and Counterpetition to Determine
Paternity and for Related Relief (11/15)
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