          Supreme Court of Florida
                                   ____________

                                   No. SC18-698
                                   ____________


     IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT
        APPROVED FAMILY LAW FORMS—12.951(a) AND (b).

                                   [June 21, 2018]

PER CURIAM.

      Pursuant to the procedures approved in Amendments to the Florida Family

Law Rules of Procedure & Family Law Forms, 810 So. 2d 1, 13-14 (Fla. 2000),

this Court has internally reviewed the Florida Supreme Court Approved Family

Law Forms and has decided that amendments to two existing forms are needed.

See Fla. R. Jud. Admin. 2.140(d). Input was received from the Advisory

Workgroup on the Florida Supreme Court Approved Family Law Forms, which

provided valuable assistance. We have jurisdiction,1 and amend forms 12.951(a)

(Petition to Disestablish Paternity and/or Terminate Child Support Obligation) and




      1. See art. V, § 2(a), Fla. Const.
(b) (Order Disestablishing Paternity and/or Terminating Child Support Obligation)

as follows.

      First, we amend the caption to form 12.951(a) to reflect that the form is a

petition for disestablishment of paternity, in accordance with Florida Family Law

Rule of Procedure 12.100(c)(1)(D)(iv). Next, in form 12.951(b), we replace

several instances of “mother” with “the other parent” so that the form will be

appropriate for use in cases with both same-sex and opposite-sex parents,

following the United States Supreme Court’s decision in Obergefell v. Hodges, 135

S. Ct. 2584 (2015).

      The amended forms are hereby adopted as set forth in the appendix to this

opinion, fully engrossed. The amendments to the forms shall become effective

immediately upon the release of this opinion and may be accessed and downloaded

from the Florida State Court’s website at http://www.flcourts.org/resources-and-

services/court-improvement/family-courts/family-law-forms.stml. By adoption of

the amended forms, we express no opinion as to their correctness or applicability.

We also direct that the amended forms be published for comment. Interested

persons shall have sixty days from the date of this opinion to file comments with

the Court.2


      2. All comments must be filed with the Court on or before August 20, 2018,
as well as a separate request for oral argument if the person filing the comment
wishes to participate in oral argument, which may be scheduled in this case. If

                                        -2-
      It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Supreme Court Approved Family Law Forms




filed by an attorney in good standing with The Florida Bar, the comment must be
electronically filed via the Florida Courts E-Filing Portal (Portal) in accordance
with In re Electronic Filing in the Supreme Court of Florida via the Florida
Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If
filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment
may be, but is not required to be, filed via the Portal. Comments filed via the
Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic
Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9,
2017). Any person unable to submit a comment electronically must mail or hand-
deliver the originally signed comment to the Florida Supreme Court, Office of the
Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional
copies are required or will be accepted.


                                       -3-
                                            APPENDIX

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
                      FORM 12.951(a)
PETITION TO DISESTABLISH PATERNITY AND/OR TERMINATE
                CHILD SUPPORT OBLIGATION
                        (06/18)

                               When should this form be used?
This form should be used by a man who wishes to disestablish paternity or terminate a child
support obligation because he is not the biological father of the child(ren). The petition must be
filed
     • in the circuit court having jurisdiction over the child support obligation; or

    •   if the child support was determined administratively and has not been ratified by a court,
        in the circuit court in which the mother or legal guardian or custodian of the child(ren)
        resides; or

    •   if the mother or legal guardian or custodian no longer resides in the state, in the circuit
        court in the county in which the petitioner resides.

This form should be typed or printed in black ink. After completing the form, you should sign the
form before a notary public or deputy clerk.

A copy of any judgment or order regarding paternity or child support and a copy of any scientific
test results showing that you cannot be the father of the child(ren) must be attached to the
petition and filed with the court.


                 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.

                                     What should I do next?
The petition must be served on the mother or legal guardian or custodian of the child(ren). If the
child support obligation was determined administratively and has not been ratified by a court, the
petition must also be served on the Department of Revenue.

Instructions for Florida Supreme Court Approved Family Law Form 12.951(a), Petition to Disestablish
Paternity and/or Terminate Child Support Obligation (06/18)
        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 Administration 2.516.


                         Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found
at the beginning of these forms. For further information, see Section 742.18, Florida Statutes.


                                         Special notes . . .
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 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 12.951(a), Petition to Disestablish
Paternity and/or Terminate Child Support Obligation (06/18)
             IN THE CIRCUIT COURT OF THE                                    JUDICIAL CIRCUIT,
                 IN AND FOR                                      COUNTY, FLORIDA

                                                                    Case No.: ________________
                                                                    Division: ________________
DISESTABLISHMENT OF PATERNITY PROCEEDINGS


                                        ,
                             Petitioner,

                 and

                                       ,
                            Respondent.


   PETITION TO DISESTABLISH PATERNITY AND/OR TERMINATE
                 CHILD SUPPORT OBLIGATION
I, {full legal name}                                        ____________ , Petitioner, certify that
the following information is true.

1. Paternity. My paternity of the child(ren), {name(s) and birth date(s)}

                                _________________ was established by {Choose only one}

         a. _____ operation of law because I was married to the child(ren)’s other parent .

          b._____ adjudication of paternity, entered by {court}____________________________on
         {date}                                  .

         c. _____acknowledgment of paternity executed on {date} _______________________.

         d._____ other: {specify} ___________________________________________________.

A copy of any judgment is attached.

2. Child support. My child support obligation for the child(ren), {name(s) and birth date(s)},

                                  _____________________________ was established by {Choose
    only one}

        a. ____a final judgment of dissolution of marriage, entered by {court}________________
        on {date} ___________________________ .

        b._____ an administrative proceeding to establish child support in {location}
Florida Supreme Court Approved Family Law Form 12.951(a), Petition to Disestablish Paternity and/or
Terminate Child Support Obligation (06/18)
        ________________________on {date} _______________.

        c. _____a paternity proceeding in {court}                   ________________________
        on {date}            ____ __________.

        d.____other {specify}                                                         ____________.

A copy of any judgment is attached.

3. Newly discovered evidence. Newly discovered evidence concerning the paternity of
   this/these child(ren) has come to my knowledge since the initial paternity determination or
   establishment of the child support obligation. {Explain}
   ___________________________________________________________________________
   ___________________________________________________________________________
   __________________________________________________________________________.

4. Scientific tests.

        a.     _ The results of scientific tests that are generally acceptable within the scientific
        community to show a probability of paternity, administered within 90 days prior to the
        filing of this petition, indicate that I cannot be the father of the child(ren) for whom
        support is required. A copy of the test results is attached.

        b. __ I did not have access to the child(ren) to have scientific testing performed before
        the filing of this petition and I request that the court order the child(ren) to be tested.

5. Fulfillment of child support obligation.
       {Choose only one}
       a.    __ I am current on all child support payments for the child(ren) for whom relief is
       sought.

        b.     __I have substantially complied with my child support obligation for the child(ren)
        and any delinquency in my child support obligation for the child(ren) arose from my
        inability for just cause to pay the delinquent child support when the delinquent child
        support became due.

I ask the court to enter an order to:

        {Indicate all that apply}
        a.____ disestablish my paternity to {name(s) of child(ren)} ______________________
        ____________________________________________________________________

        b.____ terminate my obligation to pay child support for {name(s) of child(ren)}:______
        ________________________________________________________________________

        c.____ other: ___________________________________________________________
              __________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.951(a), Petition to Disestablish Paternity and/or
Terminate Child Support Obligation (06/18)
              ___________________________________________________________________.

I certify that a copy of this document was _____ mailed _____ faxed and mailed _____ e-mailed
_____ hand delivered to the person(s) listed below on {date} _____________________.

Respondent or his/her attorney:
Name:
Address:
City, State, Zip:
Fax Number:
Designated E-mail Address(es):______
______________________________

I understand that I am swearing or 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.

Dated:
                                                   Signature of Petitioner
                                                   Printed Name:
                                                   Address:
                                                   City, State, Zip:
                                                   Telephone Number:
                                                   Fax Number:
                                                   Designated E-mail Address(es):____________
                                                   _____________________________________
STATE OF FLORIDA
COUNTY OF ___________________

Sworn to or affirmed and signed before me on                         by                               .



                                                            NOTARY PUBLIC or DEPUTY CLERK



                                                            [Print, type, or stamp commissioned
                                                            name of notary or deputy clerk.]
   __ Personally known
   __ Produced identification
      Type of identification produced

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the Petitioner.
This form was completed with the assistance of:
 {name of individual}____________________________________________________________,
{name of business} _____________________________________________________________,
{address}                    _________________________________________________________,
{city}          ______{state} __, {zip code}__________,{telephone number}               .


Florida Supreme Court Approved Family Law Form 12.951(a), Petition to Disestablish Paternity and/or
Terminate Child Support Obligation (06/18)
IN THE CIRCUIT COURT OF THE                                     JUDICIAL CIRCUIT,
                IN AND FOR                                      COUNTY, FLORIDA

                                                           Case No.:
                                                           Division:
                                           ,
                             Petitioner,

                and

                                               ,
                           Respondent.

   ORDER DISESTABLISHING PATERNITY AND/OR TERMINATING
                CHILD SUPPORT OBLIGATION

This cause came before the court on {date}                           __________ on {full legal name}
                                                   ’s petition to {Indicate all that apply}

_____ Disestablish paternity to {child(ren)’s names and birth date(s)}



_____ Terminate a child support obligation for {child(ren)’s names and birth date(s)}



The court having been fully advised in the premises FINDS all of the following:

1. Newly discovered evidence relating to the paternity of the child(ren) has come to the
   petitioner’s knowledge since the initial _____ paternity determination ____ establishment of
   a child support obligation.

2. Scientific tests that are generally acceptable within the scientific community to show a
   probability of paternity showing that the petitioner cannot be the father of the children were
   properly conducted.

3. The petitioner
       {Choose only one}
       _____is current on all child support payments for the child(ren).

        _____has substantially complied with his child support obligation for the applicable
        child(ren) and any delinquency in his child support obligation arose from his inability for
        just cause to pay the delinquent child support when it became due.

4. The petitioner has not adopted the child.

Florida Supreme Court Approved Family Law Form 12.951(b), Order Disestablishing Paternity and/or
Terminating Child Support Obligation (06/18)
5. The child(ren) was/were not conceived by artificial insemination while the petitioner and the
   child(ren)’s other parent were married.

6. The petitioner did not act to prevent the biological father of the child(ren) from asserting his
   paternal rights with respect to the child(ren).

7. The child(ren) was/were younger than 18 years of age when the petition was filed.

8. Since learning that he is not the biological father of the child(ren), the petitioner has not:

    a. married the child(ren)’s other parent while known as the reputed father in accordance
       with section 742.091, Florida Statutes, and voluntarily assumed the parental obligation
       and duty to pay child support;

    b. acknowledged paternity in a sworn statement;

    c. consented to be named as the child(ren)’s biological father on the child(ren)’s birth
       certificate(s);

    d. voluntarily promised in writing to support the child(ren) and was required to support the
       child(ren) based on that promise;

    e. received written notice from any state agency or any court directing him to submit to
       scientific testing which he disregarded; or

    f.   signed a voluntary acknowledgment of paternity as provided by section 742.10(4), Florida
         Statutes.

It is therefore ORDERED AND ADJUDGED:

         {Indicate all that apply}

         _____Petitioner’s, {full legal name}
         paternity of {name(s) of child(ren) ______________________________________
         ______________________________________________________ is disestablished.

         _____Petitioner’s, {full legal name}                  _________________
         child support obligation to {name(s) of child(ren)}
                 _____________________________________________________ is terminated.


DONE AND ORDERED on _____________________ in _________________________, Florida.


                                                           CIRCUIT JUDGE

Florida Supreme Court Approved Family Law Form 12.951(b), Order Disestablishing Paternity and/or
Terminating Child Support Obligation (06/18)
I certify that a copy of the Order Disestablishing Paternity and/or Terminating Child Support
Obligation was _____ mailed _____ faxed and mailed _____e-mailed _____ hand-delivered to
the parties and any entities listed below on {date} ____________________________.

                                                   _____________________________________
                                                   {Clerk of court, designee, or Judicial Assistant}




Petitioner (or his or her attorney)
Respondent (or his or her attorney)
Department of Revenue
Department of Health, Office of Vital Statistics
Court depositor/State Disbursement Unit
Other




Florida Supreme Court Approved Family Law Form 12.951(b), Order Disestablishing Paternity and/or
Terminating Child Support Obligation (06/18)
