Order On Motion For Scientific Paternity Testing {12.983(f)}

IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: __, Petitioner, and ___, Respondent. ORDER ON MOTION FOR SCIENTIFIC PATERNITY TESTING This cause having come to be heard on {date} , upon a motion/stipulation for scientific paternity testing, and the Court having been fully advised in the premises, it is therefore FOUND: 1. 2. That the Court has jurisdiction over the parties and subject matter of this action. {choose one only} a._____ That the natural mother of the dependent child(ren) at issue was not married to any individual at the time of conception or birth of the child(ren). b. _____ That the natural mother of the dependent child(ren) at issue was married to an individual other than the alleged father at the time of conception or birth of said child(ren); however, a court order has determined that said individual is not the child(ren)'s father. It is therefore ORDERED: 3. 4. The above motion is GRANTED. Petitioner, Respondent, and the minor child(ren) shall appear for the purpose of appropriate scientific paternity testing: {choose one only} a. _____immediately. b. _____at a.m./p.m. on {date} at {location} ______________________ ________________________________________________________________________________. c. _____ at a time and place to be specified by the Florida Department of Revenue. Appropriate scientific paternity testing on Petitioner, Respondent, and the minor child(ren) shall be in {city} , Florida, with at least 30 days advance written notice. If the Florida Department of Revenue fails to notify the party(ies), the party(ies) shall contact the Florida Department of Revenue for further instructions. Florida Supreme Court Approved Family Law Form 12.983(f), Order on Motion for Scientific Paternity Testing (03/15) American LegalNet, Inc. www.FormsWorkFlow.com 5. The costs of the scientific paternity testing shall be assessed: ( ) at a later date ( ) against Petitioner ( ) against Respondent ( ) Other {explain} ___________________________________________________________________________________ . 6. The test results, together with the opinions and conclusions of the test laboratory, shall be filed with the Court. Any objection to the test results must be made in writing and must be filed with the Court at least 10 days before the hearing. If no objection is filed, the test results shall be admitted into evidence with no further predicate. Nothing in this paragraph prohibits a party from calling an outside expert witness to refute or support the testing procedure or results or the mathematical theory on which they are based. Test results are admissible in evidence and should be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95 percent. A statistical probability of 95 percent or more creates a rebuttable presumption that the alleged father is the biological father of the child(ren). If the party fails to rebut the presumption of paternity, the Court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice. The Court reserves jurisdiction over the parties and the subject matter of this action to enforce the terms and provisions of this and all previous orders as well as to enter such other orders as may be just. DONE AND ORDERED on , in ___________________________, Florida. 7. 8. CIRCUIT JUDGE I CERTIFY that a copy of {name of document(s)}_______________________ was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand-delivered to the parties and any other person(s) or entities listed below on {date} ________________________________________. CLERK OF THE CIRCUIT COURT (SEAL) By: Florida Supreme Court Approved Family Law Form 12.983(f), Order on Motion for Scientific Paternity Testing (03/15) American LegalNet, Inc. www.FormsWorkFlow.com Deputy Clerk or Judicial Assistant Petitioner (or his or her attorney) Respondent (or his or her attorney) Other: ________________________ Florida Supreme Court Approved Family Law Form 12.983(f), Order on Motion for Scientific Paternity Testing (03/15) American LegalNet, Inc. www.FormsWorkFlow.com