Fillable Printable Petition to Establish Parenting Plan with Minor Children - Florida
Fillable Printable Petition to Establish Parenting Plan with Minor Children - Florida
Petition to Establish Parenting Plan with Minor Children - Florida
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INSTRUCTIONS FOR PETITION TO ESTABLISH PARENTING PLAN WITH TlME-SHARING
SCHEDULE WITH MINOR CHILD(REN) OF PARENTS WHO WERE NEVER MARRIED
When should this form be used?
If
paternity has been established by final judgment in a child support enforcement
proceeding
filed by the Department of Revenue or other IV-D child support enforcement agency,
or by an
acknowledgment of paternity signed in conformity with §742.10(1), Florida Statutes, a
parent who was
never married to the other parent may use this form to establish parental
responsibility and to obtain a
Parenting Plan with a Time-Sharing Schedule. If the Department of
Revenue, has not filed a
paternity action
,
or paternity has not been established, the parent must file
a Petition to Determine
Paternity and for Related Relief, Florida Supreme Court Approved Family
Law Form 12.983. This
form is only appropriate when the parents are unable to have the issues
of parenting time decided in the paternity
action. You should consult a family law attorney before
you file your petition.
If
you use the wrong
form, the court may dismiss the case.
What should I do next?
The petition and all other required forms must be typed or printed in black ink. After
completing
the forms, you should sign the forms before a notary public or deputy clerk. You must
file the original
with the clerk of the circuit court in the county where you live and keep a copy
for your records. In
addition to this petition, you must also complete and file the following forms:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit,
Florida
Supreme Court Approved Family Law Form 12.902(d). Form must be
completed, signed and
notarized and served with the summons.
Notice of Related Cases, Florida Family Law Rules of Procedure Form 12.900(h).
Civil Cover Sheet, Florida Rules of Civil Procedure, Form 12.928.
Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a)
or
Supervised/Safety Focused Parenting Plan, Form 12.995(b). 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 attached.
IF YOU ASK FOR CHILD SUPPORT:
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form
12.902(b) or(c).
Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of
Procedure Form 12.932. (This must be filed within 45 days of service of the
petition on the
respondent, unless you filed it with your petition). You do not need to
file this form if 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 are asking for child support to be established. If you do not
know the other's
parties income, you may file this worksheet after his or her
financial affidavit has been served on
you.
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For your case to proceed, you must properly notify the other party in your case of the
petition. If y ou know where he or she lives, you should use personal service. You must arrange
for the Sheriff or a
process server to serve the other parent with a copy of the petition and a
summons. If you absolutely do
not know where he or she lives, you may use constructive
service. You may also be able to use constructive service if the other party resides in another
state or country. However,
if
constructive service
is used, the court cannot order child support
.
For
more information on constructive service, see Notice of
Action for Dissolution of Marriage, Florida
Supreme Court Approved Family Law Form 12.913(a)(2), and Affidavit of Diligent Search and
Inquiry, Florida Family Law Rules of Procedure Form 12.913(b).
If you need to use constructive
service, use the Notice of Action for Dissolution of Marriage, Florida
Supreme Court Approved
Family Law Form 12.913(a), after striking through "for Dissolution of Marriage" and inserting "To
Establish Parenting Plan with Time-Sharing Schedule with Minor Child(ren)
of Parents Who Were
Never Married." If the other party is in the military service of the United States,
additional steps
for service may be required. See, for example, Memorandum for Certificate of
Military Service,
Florida Supreme Court Approved Family Law Form 12.912(a). The law on service of
process is
very complex and you should consult an attorney.
If personal service is used, the other party has 20 days to answer after being served with
your
petition. Your case will then generally proceed in one of the following three ways:
DEFAULT
...
If
after 20 days, the other parent has not filed an answer, you may file a
Motion
for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of
court.
UNCONTESTED
…
If
the respondent files an answer that agrees with everything in
your
petition or an answer and waiver, and you have complied with mandatory disclosure and
filed all of the
required papers, final hearing can be scheduled.
CONTESTED … If the respondent files an answer or an answer and counterpetition,
which
disagrees with or denies anything in your petition, you should answer the counterpetition
within 20 days
using an Answer to Counterpetition, Florida Supreme Court Approved Family
Law Fonn 12.903(d).
Mediation may be required before a final hearing is set if you are unable to
settle the disputed issues.
FINALHEARING/NON-JURYTRIAL
… After compliance with mandatory disclosure
pursuant to Rule 12.285, Florida Family Law Rules of Procedure, and the filing of all of the
required
papers, you should file a Motion for Order Setting Final Hearing/Non-Jury Trial. Your
case will be
sent to Case Management for scheduling before the Judge or General Magistrate.
Where can I look for more information?
Before proceeding, you should read "General Information for Self-Represented
Litigants"
found in the Family Law Forms section of the Florida Family Law Rules of
Procedure. A copy may
be obtained from the law library or from the Florida Supreme Court
website. For further information, see
chapter 61, Florida Statutes.
Special notes...
You must pay the appropriate filing fee to the Clerk of Court. If you do not have the
money to pay the filing fee, you may obtain an Application for Determination of Civil Indigent
Status from the
Clerk. Complete the form and the clerk will determine whether or not you are
eligible to have the filing
fees deferred or to set up a payment plan.
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If a domestic violence case has been filed and you want to keep your address confidential
for
safety reasons, do not enter the address, telephone, and fax information at the bottom of this
form.
Instead, file Petitioner' s Request for Confidential Filing of Address, Florida Supreme Court
Approved
Family Law Form 12.980(h).
Listed below are some terms with which you should become familiar before completing
your
petition, 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
Parenting Plan
Parenting Plan Recommendation
Time-Sharing Schedule
Supervised Time-
Sharing
No Contact
Parenting Plan and Time-Sharing … In all cases involving minor or dependent child(ren), a
Parenting
Plan shall be approved or established by the court.
If
you and the other parent have
reached an agreement,
you should file a Parenting Plan, Florida Supreme Court Approved Family
Law Form 12.995(a) or a
Supervised Safety Focused Parenting Plan, Florida Supreme Court
Approved Family Law Form
12.995(b) which addresses the time-sharing schedule for the
child(ren). If you and the other parent are
unable to agree on parenting arrangements and a time-
sharing schedule, a judge will decide for you as
part of establishing a Parenting Plan. The judge
will decide the parenting arrangements and time-sharing
based on the child(ren)'s best interests.
Regardless of whether there is an agreement, the court reserves
jurisdiction to modify issues relating
to the 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 concern
parenting
issues. The purpose of such intervention is to be sure that the best interests of the child(ren)
is (are) being
served. For more information, you may consult section 61.13, Florida Statutes.
Parent Education and Family Stabilization Course… Within 45 days after filing, you and the
other
parent must complete a Parent Education and Family Stabilization Course. In Marion
County, if your children are between the ages of six and 17, they must also attend a class for
children. You will be given an order that includes a list of the
approved programs when you file the
petition. A copy of that order must be served on the other parent.
Child Support... The court may order one parent to pay child support to assist the other parent in
meeting
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 other
parent. 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 must file a Family Law Financial Affidavit, Florida Family Law
Rules of Procedure Form
12.902(b) or (c), 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 paid using the Child Support
Guidelines Worksheet, Florida Family Law Rules of
Procedure Form 12.902(e). 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.
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Remember …
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.
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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No:
,
Petitioner,
and
____________________________________
Respondent.
________________________________________
/
PETITION TO ESTABLISH PARENTING PLAN WITH TIME-SHARING SCHEDULE
WITH MINOR CHILD(REN) OF PARENTS WHO WERE NEVER MARRIED
I,
{full legal name}
the [√ only one)
( )Mother ( )Father, being sworn, certify that the following statements are true:
1.
I request that the Court establish parental responsibility and a Parenting Plan with a time-
sharing
schedule with the following minor children:
Name
Birth Date
Age
Sex
_______________________ __________ _____ ____
_______________________ __________ _____ ____
_______________________ __________ _____ ____
_______________________ __________ _____ ____
2.
The children have resided continuously in the State of Florida for six (6) months before this
petition
was filed. A Uniform Child Custody Jurisdiction Act Affidavit, Florida Supreme
Court Approved
Family Law Form 12.902(d)
is
filed with this petition.
3.
The Father and Mother were never married to each other.
4.
Paternity was established by: (√ one only)
a.
A Final Judgment of Paternity or Order entered on {date of order}
in
case number .
Attach a copy of the Final Judgment or Order.
OR
b.
An Acknowledgment of Paternity signed in compliance with
§742.10(1), Florida
Statutes.
Attach copy of the birth certificate or Acknowledgment.
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SECTION I.
PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY and
TIME-
SHARING SCHEDULE
1
.
It is in the best interests of the child(ren) that parental responsibility be: (√ one only)
a.
____ shared by both the Mother and the- Father.
b.
____ awarded solely to ( ) Mother ( ) Father. Shared parental
responsibility would be detrimental to the children because
.
2.
It is in the best interests of the child(ren) that: (√ one only)
a.
The attached proposed Parenting Plan with Time-Sharing Schedule should be
adopted by
the court. The parties ( ) have ( ) have not agreed to the Parenting Plan.
b.
The court should establish a Parenting Plan with the following
provisions:
( ) No time-sharing for the ( ) Mother ( )Father.
( ) Limited time-sharing for the ( ) Mother ( ) Father.
( ) Supervised time-sharing for the ( ) Mother ( ) Father.
( ) Supervised or third-party exchange of the children.
( )
Time-sharing Schedule as follows:
SECTION II CHILD SUPPORT
(
√
one only)
1. The Petitioner not request the establishment of child support.
OR
2. Child support in the amount of $ per was established
in Case No. by the judge in {city, county ,
state)
(Attach a copy of the Order establishing child support)
OR
3.
The Petitioner requests that the Court award child support as determined by
Florida's child
support guidelines, section 61.30, Florida Statutes. A completed Child
Support Guidelines
Worksheet, Florida Family Laws Rules of Procedure Form 12.902(e),
is or will be filed. Such
support should be ordered retroactive to:
a.
the date of filing of this petition.
b.
Other {date}
{ explain}
_
4.
The Petitioner requests that medical/dental insurance coverage for the minor child(ren) be
paid
by: [√ only one]
a.
Father
b.
Mother
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5.
Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid:
[
√
only one]
a.
by Father.
b.
by Mother
c. by Father and Mother each paying one-half.
d. according to the percentages in the Child Support Guidelines Worksheet, Florida
Family
Law Rules of Procedure Form 12.902(e).
e. Other (explain):
.
6.
Petitioner requests that life insurance to secure child support be provided by:
a.
Father
b.
Mother
c.
Both
SECTION III. OTHER RELIEF
SECTION IV. PETITIONER' S REQUEST ( This section summarizes what you are asking the Court
to
include in the order.)
Petitioner requests the Court to enter an order: (√all that apply]
a.
establishing parental responsibility, and a Parenting Plan with a time-sharing
schedule as requested in Section
I of
this petition;
b.
establishing child support as requested in Section II of this petition;
c.
granting other relief as requested in Section III
of this petition, including any other
relief the
Court deems necessary and appropriate.
DATED: __________________
Signature of Petitioner
Printed name
Mailing Address
City
State Zip
Telephone (area code and number)
Email address
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_
STATE OF
COUNTY OF
_
Sworn to (or affirmed) and subscribed before me on {date} , 20___
by {name} ____________________________.
NOTARY PUBLIC
-
STATE OF FLORIDA
[Print, type, or stamp commissioned name of notary]
[check one only]
Personally known
Produced identification
Type of identification produced ______________________
_
IFANON-LAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS
BELOW: [fill in all blanks]
I, {name of non-lawyer} a
non-lawyer,
located at {street}
{city}
{state}
,{phone} ,
helped {name}
_,
who is the [check one only] P
etitioner
Respondent, fill out this form.
