INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY002 LAW FORM 12.913(a)(3)002 NOTICE OF ACTION FOR TERMINATION OF PARENTAL RIGHTS AND002 STEPPARENT ADOPTION002 (06/18)002 When should this form be used? This form may be used to obtain constructive service (also called service by publication or posting) in an action involving a Joint Petition for Adoption by Stepparent. You may use constructive service for any person whose consent is required under the Florida Statutes and who has NOT executed a consent to the adoption. This includes: 003 The mother of the minor child(ren); The father of the minor child(ren), if: The minor child(ren) were conceived or born while the father was married to the mother; The minor child(ren) is/are his children by adoption; The minor child(ren) have been adjudicated by the court to be his child(ren) before the date a petition for termination of parental rights is filed; 003 certificate before the date the petition for termination of parental rights was filed; or 003 In the case of an unmarried biological father, he has acknowledged in writing, signed in the present of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics for the Department of Health within the required timeframes, and has complied with the requirements of section 63.062(2), Florida Statutes; and Any person lawfully entitled to custody of the minor child if required by the court. The location of the person must be unknown. You must complete and file a Stepparent Adoption: Affidavit of Diligent Search, Florida Supreme Court Approved Family Law Form 12.981(a)(4). This is a complicated area of the law and you should consult an attorney before using constructive service. You should complete this form by typing or printing the appropriate information in black ink. You must race, hair File this form with the clerk of the circuit court in the county where your petition was filed. You should keep a copy for your records. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be Instructions for Florida Supreme Court Approved Family Form 12.913(a)(3), Notice of Action for Termination of Parental Rights and Stepparent Adoption (06/18) American LegalNet, Inc. www.FormsWorkFlow.com 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. After the Stepparent Adoption: Affidavit of Diligent Search, Florida Supreme Court Approved Family Law Form 12.981(a)(4) is filed, the clerk will sign this form. You will need to publish notice once each week for four resided. When in doubt, ask tfor this service. If you cannot afford to pay the cost of publishing this notice, you may ask the clerk to post the notice at a place designated for such postings. You will need to file an Application for Determination of Civil Indigent Status, which you can obtain from the clerk. If the clerk determines that you cannot afford these costs, the clerk will post the notice of action. newspaper in the county where the other party last resided and paying the cost of publication. Where can I look for more information? Before proceeding, you should read Information for Self-Represented found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, rule 1.070, Florida Rules of Civil Procedure, sections 61.50161.542, Florida Statutes and chapter 49, Florida Statutes. 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. Instructions for Florida Supreme Court Approved Family Form 12.913(a)(3), Notice of Action for Termination of Parental Rights and Stepparent Adoption (06/18) American LegalNet, Inc. www.FormsWorkFlow.com Special notes... If the other party fails to respond to your petition within the time limit stated in the notice of action that is published or posted, you are entitled to request a default. (See Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), and Default, Florida Supreme Court Approved Family Law Form 12.922(b).) 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 Form 12.913(a)(3), Notice of Action for Termination of Parental Rights and Stepparent Adoption (06/18) American LegalNet, Inc. www.FormsWorkFlow.com IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,002 IN AND FOR COUNTY, FLORIDA002 Case No.: Division: IN RE: THE ADOPTION OF: [Name to be given child(ren) Adoptees(s). NOTICE OF ACTION FOR TERMINATION OF PARENTAL RIGHTS AND002 STEPPARENT ADOPTION002 TO: {name of Respondent} 002 address} 002 YOU ARE NOTIFIED that a Joint Petition for Adoption by Stepparent has been filed against you and that002 you are required to serve a copy of your written defenses, if any, to iton002 {name of Petitioner} ,002 whose address is ,002 on or before {date} , and file the original with the clerk of this Court at 002003address} ,002 before service on Petitioner or immediately thereafter. If you fail to do so, a default may be entered002 against you for the relief demanded in the petition.002 The minor child(ren) are identified as follows: Date of Birth Place of Birth Physical Description of Respondent:002 Age: 002 Race:002 Hair Color: 002 Eye Color: 002 Approximate Height: 002 Approximate Weight: 002 Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit002 request.002 our current address. (You may file002 Designation of Current Mailing and E-Mail Address, Florida Supreme Court Approved Family Law Form002 12.915.) Future papers in this lawsuit will be mailed or e-mailed to th