Miami-Dade Florida Petition to Determine Paternity and for Related Relief

State:
Florida
County:
Miami-Dade
Control #:
FL-12983-A
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PDF; 
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Description

This model form, a Petition to Determine Paternity and for Related Relief - Official, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s).

The Miami-Dade Florida Petition to Determine Paternity and for Related Relief is a legal document that individuals can file in Miami-Dade County, Florida to establish the paternity of a child and seek various forms of relief related to the child's welfare and support. This petition is crucial in situations where the biological father's identity is disputed, and it helps establish legal responsibilities, rights, and obligations for both parents. The process of filing a Miami-Dade Florida Petition to Determine Paternity and for Related Relief starts with the petitioner submitting the required documents and paying any associated fees at the appropriate court. The petitioner, usually the mother or the presumed father, must provide detailed information about the child, themselves, and the alleged father, including names, addresses, and contact information. It is crucial to accurately complete all sections of the petition, as any errors or omissions may delay the process or even lead to the dismissal of the case. The Miami-Dade Florida Petition to Determine Paternity and for Related Relief generally consists of different types, depending on the specific requests and circumstances of the petitioner. Some common types include: 1. Paternity Establishment: This type of petition is filed by the mother seeking to establish the legal paternity of the child. It involves proving the biological relationship between the child and the alleged father through DNA testing or other admissible evidence. Once paternity is established, the court can address related issues such as custody, visitation, and child support. 2. Paternity Disestablishment: This type of petition is filed by the alleged father when they believe they are not the biological father of a child and wish to challenge paternity. The alleged father must provide substantial evidence, such as DNA test results, to support their claim. If successful, the court will terminate their parental rights and responsibilities. 3. Modification of Child Support: This type of petition is filed when one party wishes to modify the existing child support order due to substantial changes in circumstances, such as income, living arrangements, or health conditions. Both parents must provide accurate financial information to enable the court to make a fair decision regarding child support obligations. 4. Visitation and Custody: This type of petition may be filed by either parent to establish or modify visitation and custody rights. It aims to determine the best interests of the child and ensure a suitable parenting plan is in place. Overall, the Miami-Dade Florida Petition to Determine Paternity and for Related Relief offers a legal avenue for individuals to establish or challenge paternity, address child support matters, and seek appropriate resolution of custody and visitation disputes. Seeking professional legal advice and assistance is highly recommended navigating the complexities of this process effectively.

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FAQ

You have 20 days to file an answer to the other party's petition. A copy of this form, along with all of the other forms required with this answer, must be mailed, e-mailed, or hand delivered to the other party in your case.

Under Florida law, paternity testing is a requirement if an individual is seeking child support and there is a dispute as to who may be the father of the child.

No, signing a birth certificate does not establish paternity in Florida. Signing a birth certificate only establishes a presumption that the man who signed is the father of the child. You will still need to go to the court to establish paternity.

To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child.

What to Prove to Contest Paternity in Florida A sworn statement or affidavit stating that it has come to the petitioner's knowledge that he is not the biological father; and. The results of paternity tests administered within 90 days before the filing demonstrate that he is not the father.

After the child's birth and any time until the child reaches age 18, the mother and child's father can establish paternity if they fill out and sign the Acknowledgment of Paternity form (Form DH-432) . Both parents must fill out and sign this form in the presence of two witnesses or a notary public.

The most common is through an Affidavit of Paternity. Once a Voluntary Acknowledgement of Paternity has been signed, it becomes final and binding 60 days later.

In Florida, the time limit to determine a child's paternity is four years after the child reaches the age of majority. The age of majority in Florida is 18 years old. However, it is recommended that paternity issues be resolved as early as possible to allow the child to develop a strong relationship with both parents.

In Florida, when a mother is married and gives birth, the law assumes the child's father is the mother's husband. But when the mother is unmarried at the time of the child's birth, paternity must be established, either voluntarily or through a court order.

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This form should be used when you are responding to a petition to determine paternity. If you're not married to the other parent, complete the Petition to Determine Paternity and for Related Relief (even if paternity is not in question).When should this form be used? Father's parental rights to establish paternity in an alleged biological father. When you establish paternity, you identify the legal father of the child. If the child's father is interested in gaining custody or visitation rights, he may file a paternity suit to establish himself as a parent of the child. Please note that Florida law prevents our staff from providing legal advice. If you are seeking to establish paternity as well as parenting time, fill out a Petition to Determine Paternity and for Related Relief (Form 12.983(a)). What do I do to establish paternity and related relief? In every action for paternity or dissolution of marriage in which there are common children, the court will establish a parenting plan.

The court decides how the care, custody, visitation, and money raised by either party will be divided. You can obtain parenting plans and related papers from the County Family Law clerk. You may also consult your tax consultant or attorney. To apply for custody or visitation, you must fill out a Petition for Custody of and Visitation with the other parent. You complete the form in the form shown below. To receive any other relief from parenting time or child support, you should complete a specific form called a Motion for Alimony. How do I request parenting time? Complete a parenting plan with someone (such as a parent's representative) in your community. A parenting plan is necessary for you and the other parent to plan for a healthy and successful parenting time relationship. When can I expect my child to be born? It is a long wait for newborns in Florida. Parents are advised to make arrangements for baby shower gifts, birthdays, and Christmas present.

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Miami-Dade Florida Petition to Determine Paternity and for Related Relief