Amendments to the Florida Supreme Court Approved Family Law Forms

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Supreme Court of Florida ____________ No. SC02-2320 ____________ AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS--UCCJA FORMS. [December 19, 2002] PER CURIAM. The 2002 Florida Legislature enacted chapter 2002-65, Laws of Florida, effective October 1, 2002, which created the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and repealed the Uniform Child Custody Jurisdiction Act (UCCJA). See Ch. 2002-65, §§ 5, 7, Laws of Fla. 1 In light of these statutory amendments, this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms pursuant to the procedures established in Amendments to the Florida Family Law Rules of Procedure and Family Law 1 Specifically, chapter 2002-65 created sections 61.501 through 61.542, Florida Statutes (2002), and repealed sections 61.1302 through 61.1348, Florida Statutes (2001). Forms, 810 So. 2d 1, 12-14 (Fla. 2000). We have determined that it is necessary to substitute references to the UCCJEA for references to the UCCJA. We have jurisdiction. See art. V, § 2(a), Fla. Const. Accordingly, we retitle Florida Supreme Court Approved Family Law Form 12.902(d) from "Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit" to "Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit." In the instructions for form 12.902(d), we replace the reference to sections "61.1302-61.1354" with a reference to newly enacted sections "61.501-61.542." Amended form 12.902(d) is attached as an appendix to this opinion. Finally, we amend all Florida Supreme Court Approved Family Law Forms that refer to form 12.902(d) by substituting "Uniform Child Custody Jurisdiction and Enforcement Act" and "UCCJEA" for "Uniform Child Custody Jurisdiction Act" and "UCCJA." There are no other changes to the substance of these forms and thus we do not include these forms in the appendix. T he amended forms are as follows: 12.901(b)(1) 12.903(a) 12.903(b) 12.903(c)(1) Petition for Dissolution of Marriage with Dependent or Minor Child(ren) Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage Answer to Petition for Dissolution of Marriage Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) 2 12.903(e) 12.904(a) 12.905(a) 12.940(d) 12.941(a) 12.941(d) 12.941(e) 12.947(a) 12.980(b) 12.980(d)(1) 12.980(e)(1) 12.980(k) 12.981(a)(1) 12.981(b)(1) 12.983(a) 12.983(b) 12.983(c) Answer to Supplemental Petition Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) Supplemental Petition to Modify Custody or Visitation and Other Relief Motion to Modify or Dissolve Temporary Injunction Verified Motion for Temporary Injunction to Prevent Removal of Minor Child(ren) Emergency Verified Motion for Child Pick-Up Order Order to Pick-Up Minor Child(ren) Motion for Temporary Support with Dependent or Minor Child(ren) Petition for Injunction for Protection Against Domestic Violence Temporary Injunction for Protection Against Domestic Violence with Minor Child(ren) Final Judgment of Injunction for Protection Against Domestic Violence with Minor Child(ren) Motion for Modification of Injunction for Protection Petition to Terminate Parental Rights Pending Stepparent Adoption Joint Petition for Adoption by Stepparent Petition to Determine Paternity and for Related Relief Answer to Petition to Determine Paternity and for Related Relief Answer to Petition and Counterpetition to Determine Paternity and for Related Relief The amendments discussed herein are effective immediately. We express no opinion as to the correctness or applicability of the forms or on the substance of the amendments. This opinion and the Florida Supreme Court Approved Family Law Forms may be accessed and downloaded from this Court s website at www.flcourts.org. It is so ordered. 3 ANSTEAD, C.J., and SHAW, WELLS, P ARIENT E, LEWIS, QUINCE, and CANTERO, 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 4 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(d), UNIFORM CHILD CUSTODY JURISDICT ION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT When should this form be used? This form should be used in any case involving custody of or visitation w ith any minor child(ren). This affidavit is required even if the c ustody and visitation of the minor child(ren) are not in dispute. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk . You should then file the original w ith the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. Where can I look for more information? Before procee ding, you should read Gene ral Information for Self-Repres ente d Litigants found at the beginning of these forms. The w ords that are in bold underline in these instructions are defined there. For further information, see sections 61.501-61.542, Florida Statutes. Special notes... If you are the petitioner in an injunc tion for protection against domestic violence case and you have filed Petitione r s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i), you should write confidential in any space on this form that would require you to write the address w here you are currently living. Remember, a person w ho is NOT an attorney is c alled a nonlawyer. If a nonlawyer helps you fill out these forms, that pers on must give you a copy of a Disclosure from Nonlawyer, O 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 c omplete. Instructions for Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child C ustody Jurisdiction and Enforcement Act (UC CJEA) Affidavit (12/02) IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT I, {f ull legal name} statements are true: , being sw orn, c ertify that the follow ing 1. The number of minor child(ren) subject to this proceeding is . The name, place of birth, birth date, and sex of eac h child; the present address , periods of residence, and places w here eac h child has lived within the past five (5) years; and the name, present address, and relationship to the child of eac h pers on w ith w hom the child has lived during that time are: THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # Child s Full Legal Name: Place of Birth: Date of Birth: 1 : Sex: Child s Residence for the past 5 years: Dates (From/To) Address (including city and state) w here c hild lived Name and present address of person c hild lived with /present* / / / / Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child C ustody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (12/02) Relationship to child (Make as many copies of page 2 as necessary.) / * If you are the petitioner in an injunction for protection against domestic violence case and you have filed Petitioner s Request for Confidential Fili ng of Address, O Florida S upreme Court Approved Family Law Form 12.980(i), you should write confidential in any space on this form that would require you to enter the address where you are currently li ving. THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # Child s Full Legal Name: Place of Birth: : Date of Birth: Child s Residence for the past 5 years: Dates Address (including city and (From/To) state) w here c hild lived Sex: Name and present address of person c hild lived with Relationship to child /present / / / / / THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # Child s Full Legal Name: Place of Birth: Date of Birth: : Sex: Child s Residence for the past 5 years: Dates (From/To) Address (including city and state) w here c hild lived Name and present address of person c hild lived with /present / / Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child C ustody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (12/02) Relationship to child / / / 2. Participation in custody proceeding(s): [ / one only] I HAVE NOT participated as a party, w itness, or in any capacity in any other litigation or custody proceeding in this or any other state, concerning custody of a child subject to this proceeding. I HAVE participated as a party, w itness, or in any capacity in any other litigation or custody proceeding in this or another state, concerning custody of a child subject to this proceeding. Explain: a. Name of each c hild: b. Type of proceeding: c. Court and state: d. Date of court order or judgment (if any): 3. Information about custody proceeding(s): [ / one only] I HAVE NO INFORMATION of any custody proc eeding pending in a court of this or any other state concerning a child subject to this proceeding. I HAVE THE FOLLOWING INFORMATION concerning a custody proceeding pending in a court of this or another state conc erning a child subject to this proceeding, other than set out in item 2. Explain: a. Name of each c hild: b. Type of proceeding: c. Court and state: d. Date of court order or judgment (if any): 4. Persons not a party to this proceeding: [ / one only] I DO NOT KNOW OF ANY PERSON not a party to this proceeding w ho has physical custody or claims to have custody or visitation rights w ith respect to any child subject to this proceeding. I KNOW THAT THE FOLLOWING NAMED PERSON(S) not a party to this proceeding has (have) physical custody or claim(s ) to have custody or visitation rights w ith respect to any child subject to this proceeding: a. Name and address of person: ( ) has physical custody ( ) claims custody rights ( Name of each c hild: b. Name and address of person: ) claims visitation rights. Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child C ustody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (12/02) ( ) has physical custody ( ) claims custody rights ( Name of each c hild: c. Name and address of person: ) claims visitation rights. ( ) has physical custody ( Name of each c hild: ) claims visitation rights. ) claims custody rights ( 5. Knowledge of prior child support procee dings: [ / one only] The c hild(ren) described in this affidavit are NOT subject to existing child support order(s) in this or any state or territory. The c hild(ren) described in this affidavit are subject to the following existing child support order(s): a. Name of each c hild: b. Type of proceeding: c. Court and address: d. Date of court order/judgment (if any): e. Amount of child support paid and by w hom: 6. I ack nowledge that I have a continuing duty to advise this Court of any custody, visitation, child support, or guardianship procee ding (including dissolution of marriage, se parate maintenance , child negle ct, or dependency) conce rning the child(ren) in this state or any othe r state about which information is obtaine d during this proceeding. I certify that a copy of this document w as [ / one only] ( hand delivered to the person(s) listed below on {date} ) mailed ( ) faxed and mailed ( ) Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am s wearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for k nowingly mak ing a false statement includes fines and/or imprisonme nt. Dated: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child C ustody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (12/02) . COUNTY OF Sw orn to or affirmed and signed before me on by . NOT ARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally know n Produc ed identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} a nonlawyer, located at {street} , {city} {state} , {phone} , helped {name} w ho is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child C ustody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (12/02) , , ,

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