Call us Today at (954) 880-1302

VERIFIED COMPLAINT TO DETERMINE PATERNITY, SHARED PARENTAL RESPONSIBILITY, MAJORITY TIMESHARING, PARENTING PLAN, CHILD SUPPORT AND OTHER RELIEF

VERIFIED COMPLAINT TO DETERMINE PATERNITY, SHARED PARENTAL RESPONSIBILITY, MAJORITY TIMESHARING, PARENTING PLAN, CHILD SUPPORT AND OTHER RELIEF

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

 

In Re: The Matter of                                                            Case Number:

 

 

JACK KING,

 

Petitioner/ Father,

and

 

JAMIE CROWN,

 

Respondent/Mother.

_______________________________/

VERIFIED COMPLAINT TO DETERMINE PATERNITY, SHARED PARENTAL RESPONSIBILITY, MAJORITY TIMESHARING, PARENTING PLAN, CHILD SUPPORT AND OTHER RELIEF

 

 The Petitioner/Father, JACK KING, by and through undersigned counsel, files this his Verified Complaint to Determine Paternity, Shared Parental Responsibility, Majority Sharing, Parenting Plan, Child Support and Other Relief and states as follows:

COUNT I

GENERAL FACTUAL ALLEGATIONS

 

  1. This is an action to establish paternity, establish Shared Parental Responsibility, Majority Timesharing, Parenting Plan, Child Support and other relief.
  2. This Court has personal jurisdiction of the Mother, JAMIE CROWN, in that Mother is currently or was prior to the commencement of this action, a resident of the State of Florida.
  3. The Mother resides in Florida with the minor child, XX, born on

xx/xx/20__.

  1. That the Father is over eighteen (18) years of age and is not a member

of the Armed Forces of the United States or its allies.

  1. That the Mother and the Father engaged in sexual intercourse in the

which resulted in the conception and subsequent birth of one child, to-wit:

XX, born xx/xx/20__

 

 

COUNT 2

                                                                   PATERNITY

 

Paragraphs 1 through 5 of Count 1are realleged as though herein set out in full.

  1. That the Mother and Father engaged in sexual intercourse which resulted in the conception and subsequent birth of one (1) child , to-wit: XX, born xx/xx/20__

 

  1. That the Petitioner and Respondent have never been married.

COUNT 3

SHARED PARENTAL RESPONSIBILITY/MAJORITY TIMESHARING AND

 PARENTING PLAN

 

Paragraphs 1 through 5 of Count 1, paragraph 6 thorough 7 of Count 2 are realleged as though herein set out in full.

  1. Shared Parental Responsibility/Majority Timesharing/Parenting Plan.

It would be in the best interest of the minor child for the parties to have shared

parental responsibility of the minor child.  The Father should be permitted to have majority timesharing with the child in Hawaii where he resides, as he previously had for 2 ½ years and the Court should approve a parenting plan pursuant to Florida Statutes which includes weekdays, overnights, holidays and summers.

 

  1. Parenting Plan: The Court should establish a parenting plan considering

the following statutory factors:

  1. The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent child relationship.
  2. The anticipated division of parental responsibility after the litigation.
  3. Demonstrated capacity and disposition of each parent to consider and act upon the needs of the child as opposed to the needs and desires of that parent.
  4. The length of time the child has lived in a stable and satisfactory

 

environment.

  1. Geographic viability of the plan.
  2. The moral fitness of the parents.
  3. The mental and physical health of the parents.
  4. The home, school, and community records of the child.
  5. The reasonable preference of the child.
  6. The demonstrated knowledge, capacity, and disposition of each

parent to be informed about the child.

  1. The demonstrated capacity and disposition of each parent to provide consistent routine for the child.
  2. The demonstrated capacity of each parent to communicate with and keep the other parent informed regarding issues and activities, regarding the minor child and the willingness of each parent to adopt a unified front as to all major issues when dealing with the child.
  3. Domestic violence and other abuse and knowledge about false

information to the court regarding domestic violence and other abuse.

  1. The parent who has provided false information to the court.
  2. The parenting tasks historically performed by each parent and the

division of parental responsibilities.

  1. The demonstrated capacity and disposition of each parent to

participate and be involved in the children’s school and extra curricular activities.

  1. Substance abuse of the parties.
  2. The capacity and disposition of each parent to protect the child

from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents, electronic media, etc.

 

  1. The developmental stages and needs of the child and demonstrated capacity and disposition of each party to meet the child’s development needs.
  2. Any other factor that is relevant.
  3. Majority Timesharing. The Father should be awarded majority

timesharing including weekdays, overnights, holidays and summers. The Father is a hands on Father who would like to be very involved in the child’s life.  The child resided with the Father from XXXXXX 20__ to XXXXX 20__ for 2 1/2 years until the Mother refused to return him after her last year’s summer vacation.  The child attended school in Hawaii while residing with the Father and was happy and healthy during the 2 ½ years the child resided with the Father.   The Mother hardly called the child or sent any letters or cards.  The Mother moves every year and is not in a stable environment.  The Father had no contact with the child for months after the Mother refused to return the child.   The Father learned of the child’s whereabouts months later.  The Father files this petition to establish his timesharing and parental rights.

 

COUNT 4

CHILD SUPPORT AND OTHER RELIEF

 

Paragraphs 1 through 5 of Count 1, paragraph 6 thorough 7 of Count 2, and 8 through 10 of Count 3 are realleged as though herein set out in full.

 

  1. Child Support. Both parties have an obligation to support the child.

Child support should be calculated per the guidelines.  The Court should take into consideration health insurance and other expenses as well as timesharing in order to calculate child support per the guidelines.         

  1. Dependency Exemption. The Father requests the dependency

exemption be awarded to him annually and/or for the parties to alternate the dependency exemption.

  1. Attorney Fees. The Father has incurred attorneys’ fees in having to

file this Petition.   The Mother has a responsibility to keep the fees and costs down and act reasonably in these proceedings.   Both parties should be responsible for their own attorneys’ fees and costs.

 

WHEREFORE, the Petitioner/Father prays this Honorable Court to:

  1. Enter an order determining the Petitioner to be the legal father of the child..
  2. Enter an order for shared parental responsibility of the minor child and for a parenting plan to be implemented and award the Father majority timesharing with the child in Hawaii, including weekdays, overnights, holidays and summers;
  3. Enter an order awarding the parties shared parental responsibility for making all decisions regarding residence, travel, relocation, health, education, and welfare of the minor child;
  4. Enter an order awarding the dependency exemption annually to the Father

and/or alternate the dependency exemption;

  1. Enter an order awarding child support pursuant to the guidelines including

a calculation which takes into consideration the Father’s majority timesharing.

  1. Grant any such other and further relief as this Court deems just and proper

Under penalties of perjury I declare that I have read the foregoing petition and that the facts stated in it are true to the best of my knowledge and belief.

 

______________________

JACK KING

 

 

STATE OF HAWAII     )

)§:

COUNTY OF __________ )

 

JACK KING , who is known to me or who produced a Florida Driver’s License as identification, under penalties of perjury and having been sworn under oath, verifies that the above contents and information is true and correct to the best of his personal knowledge and that he executed this document this _____ day of ________________20__.

WITNESS my hand and seal in the State and County aforesaid this ______ day of _____________ 20__.

 

____________________

NOTARY PUBLIC

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY, that a true and correct copy of the foregoing was provided to: JAMIE CROWN, by personal service.

 

LARRY D. SCHOTT

Attorneys for Father                                    

By:_____________________________

LARRY D. SCHOTT

 

Do You Have a Question?

If you have a question about a family law case, please feel free to call us at 954-880-1302. We promise to get back to you promptly.

This document is a sample pleading related to a specific set of facts and circumstances and should not be used or relied upon for any family law matter. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced divorce lawyer for professional advice as each case is unique.

To Learn About Larry Schott’s Qualifications as a Divorce Lawyer and Family Law Advocate, See His About Me Page.