Florida Juvenile Procedure Rule 8.226
RULE 8.226. DETERMINATION OF PARENTHOOD
(a) In General. The court must determine the identity of all
parents and prospective parents at the initial hearing in
proceedings under chapter 39, Florida Statutes, as provided by law.
Nothing in this rule prevents a parent or prospective parent from
pursuing remedies under chapter 742, Florida Statutes. The court
having jurisdiction over the dependency matter may conduct
proceedings under chapter 742, Florida Statutes, either as part of
the chapter 39, Florida Statutes, proceeding or in a separate action
under chapter 742, Florida Statutes.
(b) Appearance of Prospective Parent.
(1) If a prospective parent appears in the chapter 39,
Florida Statutes, proceeding, the court must advise the prospective
parent of the right to become a parent in the proceeding by
completing a sworn affidavit of parenthood and filing the affidavit
with the court or the department. This subdivision does not apply if
the court has identified both parents of the child as defined by law.
(2) If the prospective parent seeks to become a parent
in the chapter 39, Florida Statutes, proceeding, the prospective
parent must complete a sworn affidavit of parenthood and file the
affidavit with the court or the department. If a party objects to the
entry of the finding that the prospective parent is a parent in the
proceeding, or if the court on its own motion requires further
proceedings to determine parenthood, the court must not enter an
order finding parenthood until proceedings under chapter 742,
Florida Statutes, have been concluded. The prospective parent must
continue to receive notice of hearings as a participant pending the
proceedings under chapter 742, Florida Statutes. If no other party
objects and the court does not require further proceedings to
determine parenthood, the court must enter an order finding that
the prospective parent is a parent in the proceeding.
(3) If the prospective parent is uncertain about
parenthood and requests further proof of parenthood, or if there is
more than one prospective parent for the same child, the juvenile
court may conduct proceedings under chapter 742, Florida
Statutes, to determine parenthood. At the conclusion of the chapter
742, Florida Statutes, proceedings, the court must enter an order
determining parenthood.
(4) Provided that paternity has not otherwise been
established by operation of law or court order, at any time prior to
the court entering a finding that the prospective parent is the
parent in the proceeding, the prospective parent may complete and
file with the court or the department a sworn affidavit of
nonpaternity declaring that the prospective parent is not the parent
of the child and waiving all potential rights to the child and rights to
further notices of hearing and court filings in the proceeding.
(5) If the court has identified both parents of a child as
defined by law, the court mustl not recognize an alleged biological
parent as a parent in the proceeding until a court enters an order
pursuant to law establishing the alleged biological parent as a
parent in the proceeding.
(a) In General. The court must determine the identity of all
parents and prospective parents at the initial hearing in
proceedings under chapter 39, Florida Statutes, as provided by law.
Nothing in this rule prevents a parent or prospective parent from
pursuing remedies under chapter 742, Florida Statutes. The court
having jurisdiction over the dependency matter may conduct
proceedings under chapter 742, Florida Statutes, either as part of
the chapter 39, Florida Statutes, proceeding or in a separate action
under chapter 742, Florida Statutes.
(b) Appearance of Prospective Parent.
(1) If a prospective parent appears in the chapter 39,
Florida Statutes, proceeding, the court must advise the prospective
parent of the right to become a parent in the proceeding by
completing a sworn affidavit of parenthood and filing the affidavit
with the court or the department. This subdivision does not apply if
the court has identified both parents of the child as defined by law.
(2) If the prospective parent seeks to become a parent
in the chapter 39, Florida Statutes, proceeding, the prospective
parent must complete a sworn affidavit of parenthood and file the
affidavit with the court or the department. If a party objects to the
entry of the finding that the prospective parent is a parent in the
proceeding, or if the court on its own motion requires further
proceedings to determine parenthood, the court must not enter an
order finding parenthood until proceedings under chapter 742,
Florida Statutes, have been concluded. The prospective parent must
continue to receive notice of hearings as a participant pending the
proceedings under chapter 742, Florida Statutes. If no other party
objects and the court does not require further proceedings to
determine parenthood, the court must enter an order finding that
the prospective parent is a parent in the proceeding.
(3) If the prospective parent is uncertain about
parenthood and requests further proof of parenthood, or if there is
more than one prospective parent for the same child, the juvenile
court may conduct proceedings under chapter 742, Florida
Statutes, to determine parenthood. At the conclusion of the chapter
742, Florida Statutes, proceedings, the court must enter an order
determining parenthood.
(4) Provided that paternity has not otherwise been
established by operation of law or court order, at any time prior to
the court entering a finding that the prospective parent is the
parent in the proceeding, the prospective parent may complete and
file with the court or the department a sworn affidavit of
nonpaternity declaring that the prospective parent is not the parent
of the child and waiving all potential rights to the child and rights to
further notices of hearing and court filings in the proceeding.
(5) If the court has identified both parents of a child as
defined by law, the court mustl not recognize an alleged biological
parent as a parent in the proceeding until a court enters an order
pursuant to law establishing the alleged biological parent as a
parent in the proceeding.