Inst and petition to Establish Parent Plan w Time-Share Sch w Minor Child of parent never married

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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 separate court case, a proceeding filed by

the Department of Revenue or other IV-D child support enforcement agency, or by other means

as set forth in Chapter 742 of the 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 Petitioner 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.

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 others

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. I f you 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 Rule 12.070(e)(2) of the Florida Family Law

Rules of Procedure, 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(c). 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

Form 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.

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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.

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. The list of courses may be obtained from the Department of Children and Families

website www.myflfamilies.com or from the Fifth Judicial Circuit Website www.circuit5.org.

CHILD SUPPORT: Both parents are required to provide financial support for their minor

or dependent child(ren). The Court may order one parent to pay child support 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

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financial contributions of both parents and the number of overnights the child(ren) spend with

each parent. 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.

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.

FAM_Petit

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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

IN AND FOR MARION COUNTY, FLORIDA

Case Number:

______________________________

_________________________

______________

Petitioner,

vs.

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 (chose only one)

Petitioner Respondent, being sworn, certify that the following statements are true:

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

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.

The parties were never married to each other.

Paternity was established by: (Choose only one)

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.

b. Attach

copy of the Certification of Birth.

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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: (Choose only one)

__________ _______

____________________ ________________________

_______________________________________________

shared by both the Petitioner and the Respondent.

b. awarded

solely to

Petitioner

Respondent. Shared parental responsibility

would be detrimental to the child(ren) because

2. It is in the best interests of the child(ren) that: (Choose only one)

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

Petitioner

Respondent.

Limited time-sharing for the

Petitioner

Respondent.

Supervised time-sharing for the

Petitioner

Respondent.

Supervised or third-party exchange of the children.

Time-sharing Schedule as follows:

SECTION II. CHILD SUPPORT

(Choose only one)

1. The Petitioner does not request the establishment of child support.

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)

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}

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SECTION III. INSURANCE

The Petitioner requests that medical/dental insurance coverage for the minor child(ren) be

paid

by: [Choose only one]

a. Petitioner

b. Respondent

Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid: [Choose

only one]

by Petitioner.

b. by Respondent.

c. by Petitioner and Respondent 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).

Other (explain):

Petitioner requests that life insurance to secure child support be provided by:

a. Petitioner

b. Respondent

c. Both

SECTION IV. OTHER RELIEF

SECTION V. 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: (Choose 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. Establishing insurance as requested in Section III of this petition;

d. Granting other relief as requested in Section IV of this petition, including any other

relief the Court deems necessary and appropriate.

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I understand that I am swearing or affirmed under oath to the truthfulness of the claims

made in this petition and that punishment for knowingly making a false statement includes

fines and/or imprisonment.

Dated:

___________________

______ _______________ ___ ___________________________.

________________________________________________

Signature of Petitioner

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number

Designated Email Address(es):

STATE OF FLORIDA

COUNTY OF

Sworn to (or affirmed) and subscribed before me by means of physical presence or online

notarization, this day of , 20 by

________________________________________________

Signature and Title of Notary Public or Deputy Clerk

(Print, type, or stamp commissioned name of Notary Public)

Personally Known

_____________ _______________

____________________, _____ _________, ________________.

OR Produced Identification

Type of Identification Produced:

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN

THE BLANKS BELOW:

This form was prepared for the: {choose only one} Petitioner Respondent

This form was completed with the assistance of:

{name of individual} ,

{name of business} ,

{address}

{city} {state} , {zip} {phone}