In response to the growing number of phone calls we have received concerning paternity actions, the family law attorneys at Lyons, Snyder & Collin posted a sample paternity action for our clients to review. Although this paternity action was filed in Broward County, the names have been blocked out to protect the identity of the parties. Please note that the formatting has been distorted from its original filing.
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
XXXXXXX, CASE NUMBER: Petitioner/Father, and YYYYYYY, Respondent/Mother. /
PETITION TO ESTABLISH PATERNITY AND FOR OTHER RELIEF
COMES NOW Petitioner/Father XXXXXXX (hereinafter referred to as the “Father”), and files this, his PETITION TO ESTABLISH PATERNITY AND FOR OTHER RELIEF against the Respondent/Mother, YYYYYYY (hereinafter referred to as the “Mother”), and states:
This is an action for paternity and to determine custody, parental responsibility, and child support under chapter 742, Florida Statutes and for other relief.
1. The Father is the biological father of ********, (hereinafter referred to as the “Child”), born on September 26, 2006.
2. The Father currently lives **** ** ** ***** , Tamarac, FL 33321.
3. The Mother is the biological Mother of the Child and currently lives at **** ** ** ***** , Tamarac, FL 33321.
4. Both parties are over the age of 18, and neither is, nor has been within a 30-day period immediately prior to this date, a person in the military service of the United States as defined by the Amended Sailors’ and Soldiers’ Civil Relief Act of 1940.
5. Neither the Father nor the Mother is mentally incapacitated.
6. A completed Financial Affidavit, Florida Family Law Form 12.901.(d)or(e) is, or will be, filed.
7. Paternity has never previously been established as a matter of law.
8. The parties engaged in sexual intercourse with each other during which they conceived the Child. The Mother was not married at the time of the conception and/or birth of the Child named in Paragraph 1, above.
CHILD CUSTODY, PARENTAL RESPONSIBILITY AND VISITATION:
9. The Child currently resides with the Mother and the Father at **** ** ** ***** , Tamarac, FL 33321, where he has resided since March 2009.
10. Prior to March 2009 and since birth, the Child resided with both parties at ***** ************* *****, Margate, FL 33063.
11. The Father has never participated as a party or witness or in any other capacity in any other litigation concerning the custody of the Child in the State of Florida or in any other state.
12. The Father has no information of any custody proceedings concerning the Child of the parties pending in a Court of Florida or in any other State.
13. The Father knows of no other person not a party to these proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child.
14. PARENTAL RESPONSIBILITY. It is in the Child’s best interests that parental responsibility be shared by both the Father and the Mother.
15. VISITATION OR TIME SHARING. It is in the best interests of the Child that the child have equal timesharing with parties because the Child has come to depend upon both parents for love, affection, security, and the basic necessities of life. The Father requests that the Court establish a parenting plan with equal time sharing.
16. The Child should retain his present name.
17. The Father requests that the Court award of child support as determined by Florida’s child support guidelines, §61.30, Fla.Stat. A completed Child Support Guidelines Worksheet will be filed. Both parents have the ability and duty to provide support for the Child.
18. The Father requests that the Father and the Mother (hereinafter collectively referred to as the “Parents”) each pay uninsured medical/dental expenses for the Child according to the percentages in the Child Support Guidelines Worksheet.
19. The Father requests a hearing on this Petition and understands that he must attend the hearing.
ATTORNEY’S FEES AND COSTS:
20. The Father has retained the undersigned attorney and is obligated to pay a reasonable fee for his services. The Father is entitled to an award of attorney’s fees and costs, pursuant to §642.931, Fla.Stat. and/or §742.045, Fla.Stat. The Father is entitled to attorneys’ fees and costs to be paid by the Mother should she engage in unnecessary and/or vexatious litigation pursuant to Rosen v Rosen, 696 So.2d 697 (Fla. 1997); Diaz, and their progeny, both temporary and permanent.
WHEREFORE the Father requests that the Court enter an order that: a. Establishes paternity of the Child ordering proper scientific testing, if necessary; b. Establishes parental responsibility, establish a parenting plan, and equal time sharing of the Child; c. Determines the child support obligations of the parties, including medical/dental insurance coverage for the Child; d. Determines the appropriate allocation or apportionment of all other past, present, and future medical and dental expenses incurred or to be incurred on behalf of the Child; e. Awards attorney’s fees and costs to the Father, if appropriate; f. Grants such other and further relief as may be appropriate and in the best interests of the child.
I UNDERSTAND THAT I AM SWEARING AND AFFIRMING UNDER OATH TO THE TRUTHFULNESS OF THE CLAIMS MADE IN THIS PETITION AND THAT THE PUNISHMENT FOR KNOWINGLY MAKING A FALSE STATEMENT INCLUDES FINES AND/OR IMPRISONMENT. XXXXXX STATE OF FLORIDA ) COUNTY OF BROWARD )
The foregoing PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF was sworn to (or affirmed ) and subscribed before me this 24th day of MAY 2011, by XXXXXX, who is personally known to me or who has produced valid and sufficient identification. Notary Public, State of Florida at Large Printed Name: Commission Stamp: 0 Personally Known 0 Identification Provided:
Lyons, Snyder & Collin, P.A. Attorneys for Father
By: PHILIP M. SNYDER
Florida Bar Number: 815101
312 S.E. 17th Street, 3rd Floor Fort Lauderdale, Florida 33316
Phone: (954) 462-8035 Fax: (954) 462-8036