Narrative Opinion Summary
The Florida Supreme Court has approved amendments to the Florida Family Law Rules of Procedure in response to recent legislative changes, addressing two primary areas: temporary custody modifications for military personnel and modifications to service of process regulations in paternity actions. The court introduced a new form (12.905(d)) allowing for a Supplemental Petition for Temporary Modification of Custody for parents deployed in military service, ensuring that such custody changes align with the child's best interests. A separate amendment modifies service of process protocols in paternity cases, requiring a diligent search and affidavit (Form 12.913(c)) before serving the legal father, applicable to both the Department of Revenue and other petitioners. These amendments, including changes to rule 12.070, are effective immediately, yet stakeholders have a 60-day period to submit comments. The decision saw concurrence among all participating justices, demonstrating unanimous support for the procedural updates. The ruling mandates strict adherence to the revised service of process requirements, and provides detailed instructions for handling custody modifications and service issues, particularly for cases involving military personnel and paternity disputes.
Legal Issues Addressed
Amendments to Family Law Rules of Proceduresubscribe to see similar legal issues
Application: The court incorporated new procedural requirements for diligent search and service process in family law actions, effective immediately with a period for public comment.
Reasoning: The Court has amended rule 12.070 to incorporate these diligent search requirements and adopted the new forms, which are effective immediately.
Constructive Service and Diligent Searchsubscribe to see similar legal issues
Application: An affidavit of diligent search is mandated for constructive service, particularly in paternity cases, ensuring exhaustive efforts to locate the legal father.
Reasoning: An affidavit of diligent search is required for constructive service, conforming to Form 12.913(b). For cases establishing paternity where the legal father's rights may terminate, a specific affidavit (Form 12.913(c)) is required.
Response and Default Procedures in Family Lawsubscribe to see similar legal issues
Application: The other party must respond within 20 days after service, with options for default if no response is filed, emphasizing the procedural timeline in family law cases.
Reasoning: The other party has 20 days to respond after personal service. If there is no response, a Motion for Default can be filed.
Service of Initial Process Requirementssubscribe to see similar legal issues
Application: All family law actions must conform to the specified rules for service of process, reflecting a structured approach to legal notifications.
Reasoning: All family law actions, including modifications to final judgments, must adhere to Florida Rule of Civil Procedure 1.070 for service of process.
Service of Process in Paternity Actionssubscribe to see similar legal issues
Application: The amendments require a diligent search affidavit before serving process in paternity actions, ensuring procedural compliance in cases involving a legal and alleged biological father.
Reasoning: It requires petitioners to conduct a diligent search and file an affidavit (new form 12.913(c)) confirming the results before serving process on the legal father, ensuring that these requirements apply to both the Department of Revenue and other petitioners.
Temporary Modification of Custody during Military Deploymentsubscribe to see similar legal issues
Application: The court approved a new form for a Supplemental Petition to temporarily modify custody when a parent is deployed, ensuring custody modifications align with the child's best interests.
Reasoning: This aligns with Chapter 2007-132, which restricts custody modifications during a parent's military service unless a temporary order is deemed to be in the child's best interests, with reinstatement of previous custody upon the parent's return.