AO 2019-001

IN THE THIRD JUDICIAL CIRCUIT OF FLORIDA

Administrative Order No.: 2019-001

ADMINISTRATIVE ORDER APPROVING FAMILY LAW SELF-HELP FORM FOR PETITION TO ESTABLISH PARENTING PLAN WITH TIME-SHARING SCHEDULE WITH MINOR CHILD(REN) OF PARENTS WHO WERE NEVER MARRIED

 

WHEREAS, § 409.25633, Florida Statutes, titled “Title IV-D Standard Parenting Time Plans,” became effective January 1, 2018;

WHEREAS, subsections (4) and (7) specifically require that the Department of Revenue (DOR) create and provide a form for a petition to establish a parenting plan for parents who have never been married and who have not agreed on a parenting time-sharing schedule at the time of the child support administrative hearing;

WHEREAS, subsection (4) directs DOR to refer the parents to a court of appropriate jurisdiction for the establishment of a parenting plan with a time-sharing schedule; and

WHEREAS, a policy is needed locally to adopt uniform procedures and to ensure that all parties adhere to the statutory requirements for establishing parental responsibility and a parenting plan with a time-sharing schedule for minor child(ren) of parents who have never been married but where paternity has been previously established by a court of appropriate jurisdiction.

It is therefore ORDERED:

1. This Court adopts the below uniform procedures, effectively immediately, for establishing a parenting time-sharing schedule for minor child(ren) of parents who have never been married. These procedures apply in all cases where either parent seeks to establish a parenting time-sharing schedule for minor child(ren) of parents who have never been married. These petitions will be considered a new filing in the Family Law division and will be assigned a “DR” designation.
2. If paternity has been established by final judgment in a child support enforcement proceeding filed by the DOR or other Title IV-D child support enforcement agency or by an acknowledgement of paternity signed in conformity with § 742.10(1), Florida Statutes, a parent who was never married to the other parent may use the local form adopted by the Third Judicial Circuit of Florida to establish parental responsibility and to obtain a parenting plan with a time-sharing schedule. Do not use this form until paternity has been established.
3. If paternity has not been established by a court of appropriate jurisdiction, the parent must file a Petition to Determine Paternity and for Related Relief (Florida Supreme Court approved Family Law Form 12.983).
4. Each Clerk of the Court is directed to file a copy of the Administrative Support Order in the court file containing the Petition to Establish Parenting Plan with Time-Sharing Schedule with Minor Child(ren) of Parents Who Were Never Married.
5. Pending approval of the final or revised interim forms, the attached forms are approved for use in the Third Judicial Circuit.

DONE AND ORDERED in Columbia County, Florida on February    , 2019.

 

                                                                       

WESLEY R. DOUGLAS, CHIEF JUDGE

Third Judicial Circuit

 

cc (with enclosure):

Judges – Third Judicial Circuit

Clerks of Court – Third Judicial Circuit

Family Court Support Unit

John Lake – Court Technology Officer (web posting)