Custody or Visitation Petitions

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This Georgia Petition for Visitation Package is for use by a father who wants to establish visitation or custody after his rights have been legitimized.

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This Georgia Petition for Visitation Package is for use by a father to establish visitation rights or ask for custody after legitimation has been established. This package contains the necessary forms to file with the court including the petition and an affidavit of publication and diligent search if the birth mother cannot be located. It also includes detailed instructions on how to file the documents and a Sample Visitation Schedule which will be useful in scheduling visitation with the children.

This Georgia Petition for Visitation Package contains the following:
  • Petition for Custody or Visitation: Petition to be filed with the court by the father regarding visitation or custody of the children;
  • Acknowledgment of Service: The mother's acknowledgment that she has received the petition and that she waives notice of process;
  • Verification: Verification taken before a notary public stating that the facts of the petition for visitation and custody are true;
  • Rule NISI: Sets out that the Petition was filed and mother is ordered to show cause why it should not be granted;
  • Certificate of Service: Petitioner certifies that Petition was sent to mother via first class mail;
  • Sample Visitation Schedule: An easy to use guide which will be helpful in establishing dates and times of visitation;
  • Affidavit of Publication and Diligent Search: An affidavit which states that every effort was made to find the mother if her address is unknown.

Protect Yourself and Your Rights by using our attorney prepared up-to-date forms.

This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Georgia Petition for Visitation Package
State Law Compliance: This form complies with the laws of Georgia
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Fathers Petition for Custody or
Visitation after Legitimation
(Georgia)







This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Fathers Petition for Custody or Visitation after
     Legitimation (Georgia)





General Information
Fathers Petition for Custody or Visitation after Legitimation (Georgia)

If you are the father of a child and have an order from a judge legitimating your child and you want custody, then you must file a Petition for Custody in the Superior Court in the County of the parent who has legal custody of the child.

The mother is usually the other side in a fathers request for custody after he has legitimated his child. If the other side is another relative that was granted custody through a court order, you should consult with an attorney.

You should consult an attorney when filing legal papers to be sure that your rights are protected and that all procedures are correctly followed particularly if: The case is contested and the mother has a lawyer, you cannot locate the mother to serve her with your papers or you think you will have difficulty obtaining documents from the mother.





Instructions and Checklist
Fathers Petition for Custody or Visitation after Legitimation (Georgia)

  Read the petition and verification form carefully.

   Insert all requested information in the spaces provided on the form and attach any other documents necessary to file the petition.  

     Sign the petition and file with the Clerk of the Court along with any filing fees.  

     Serve the other side with a copy of the petition and any other required documents.  

   Retain a copy of the signed petition after filing with the court.  

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  



Step-by-Step Instructions
Fathers Petition for Custody or Visitation after Legitimation (Georgia)

STEP 1: Complete the attached sample form for petition for custody
Fill in your name as the Petitioner and the mothers name as the Respondent. Do not fill in the section where it says “Civil Action File No”. The clerk will assign a number to your case when you file your petition. Then write your name in the space provided.

Paragraph 1: Subject Matter jurisdiction
In order for a judge in Georgia to make a decision as to whether you should have custody of your child(ren), the child(ren) must have lived in Georgia for at least six months before you file your petition. You must not have illegally removed the child(ren) from the state where the mother lives. If your child(ren) have not lived in Georgia for six months before you file, there may be other situations that will give a judge in Georgia authority to decide custody, but you will need to speak with an attorney to determine whether or not your situation might meet those requirements.

In subparagraph (b), write in the number of minor child(ren) you and the mother have.

Then list the child(ren)s names, gender, date of birth, and with whom they are living.

In subparagraph (c), write in the name of the county where you got your Legitimation Order and the Civil Action File Number of your legitimation case where indicated.

Write the judges name that granted the legitimation and the date the judge signed the order. You must attach a copy of your Legitimation Order to this petition, and write Exhibit A on the top of the first page.

Paragraph 2: Venue and Service
“Venue” is another name for county. “Service” is a legal way of making sure that the other side gets a copy of the papers that you are filing with the court. It is very important that you file in the proper county and that the other side is served correctly.  The general rule is that you file your Petition for Custody in the county where the mother lives unless the mother signs a Waiver of Venue form or a Waiver of Jurisdiction form. If the mother lives in a different county in Georgia, but will agree to you filing in your county, she will need to sign a Waiver of Venue form. If the mother lives in another state, but will agree to you filing in your state and county, she will need to sign a Waiver of Jurisdiction form unless the child has lived with you for at least six (6) months prior to you filing this petition. (The Waiver forms are available at the Family Law Information Center.)



Write the name of the Respondent in the space provided.

PLEASE READ ALL THE OPTIONS BEFORE CHECKING ANY BOXES

BOX A SECTION
Check box (a) if the mother lives in filing county.  
Check box (1) if the mother will admit receiving a copy of your Petition for
Custody by signing an Acknowledgment of Service form. If you and the
mother have an agreement for custody that you want the court to accept, check
the box beneath this paragraph and then attach the original signed agreement to your petition.
Check box (2) if the mother will not admit to receiving a copy of your petition
and lives in _ Filing _ County. You must have the sheriff serve the mother with a copy of your Petition for Custody. Write her home address in the space provided.
Check box (3) if the mother will not agree to you having custody and lives in
filing county, and you do not know where she lives; but, you do know where
she works. Write in the space provided the mothers work address. If her work
address is not in filing county then check the box below this paragraph and
write in the space provided the county where her work address is located. The
sheriff in the county where she works must serve the mother with a copy of your Petition for Custody. This is called serving a person by “second original”.

Check box (4) if the mother is a resident of filing county, but you do not know
where she lives or works. You will have to do what is called “service by publication.

BOX B SECTION
Check box (b) if the Respondent is not a resident of Georgia, but you are a resident of _ Filing  County and the child(ren) have lived with you in Georgia for at least six months.
Check box (1) if the mother will not consent to this action and does not live in
Georgia and you know where she lives, then either:
Check box (a) if the mother was formerly a resident of the State of Georgia.
Circle whether the mother will be served at home or work.
Write that address in the space provided. You will have to have
the mother served in the county where she lives. Please note that
you will have to inform the clerk that you are having your petition
served by “second original”.
Check box (b) if the mother has never lived in Georgia, but you


know where she lives. Write in the space provided the state where the mother is currently living. Then circle whether the mother will be served at home or work. Write that address in the space provided. You must have the mother personally served by second original. However, because the mother has never lived in Georgia, you must first get a court order from the presiding judge stating that
the mother can be personally served by second original. You must complete a Motion to Have Respondent Personally Served by Second Originaland attach an Affidavit Where Respondent is Nonresident. Then take your Motion, Affidavit, and proposed order to the presiding judge to get signed. If signed, file this Motion, Affidavit, and Order with your Petition for Custody. Then follow the instructions in the Service Packet for Personal Service by Second Original. Your petition will be limited to the issue of custody of the child(ren). The Court cannot address any other issue (such as child support) because Georgia does not have personal jurisdiction over the mother.
Check box (2) if the mother does not live in Georgia and you do not know where she lives or works. You will have to do what is called “service by publication”. If you know the county or city where she lives, you must publish the notice in that city/countys legal newspaper as well as in your countys legal newspaper.
Check box (3) if the mother does not live in Georgia and will admit receiving the
papers from you by signing an Acknowledgment of Service and a Waiver of
Venue form. You will need to attach the signed Acknowledgment and Waiver to
this petition. If you and the mother have an agreement for custody that you want the court to accept, check the box beneath this paragraph and then attach the original signed agreement to your petition.

BOX C SECTION
Check box (c) if the mother lives in another county in Georgia and agrees to your Petition for Custody being filed in _Filing_ County. Write in the space provided the county where the Mother lives. If you and the mother have an agreement for custody that you want the court to accept, check the box beneath this paragraph and then attach the original signed agreement to your petition.

BOX D SECTION
Check box (d) if you have no idea where the mother lives but you live in filing county.

If you know that the mother lives in another county in Georgia and you know which county, you must file in that county. You must have searched thoroughly for her address. You must attach an Affidavit of Diligent Search stating what efforts you have made to locate the mother. See the "How to Serve" packet for complete instructions. Your petition will be limited to the issue of custody of the child(ren). The court cannot address any other issue (such as child support) because the mother will not be personally served with a copy of the petition.


If the Respondent lives in another county in Georgia and does not agree to the case being brought in filing county, then you must file in the county where the Respondent lives.

Paragraph 3: Request for Custody
Check box (3) if you want to get legal or physical custody of your child.
There are two types of custody: physical and legal. Please review the definitions for each.

Physical Custody:

1) Joint-You and the other parent share physical custody of the child with the child living half of the time with one parent and the other half with the other parent. This arrangement can work where the parties live close to one another.

2) Sole physical- The child lives with one parent exclusively and visits with the other parent.

3) Primary physical-One parent has physical custody of the child the majority of the time. You should state when you want to have the child with you.

4) Secondary physical-One parent has physical custody of the child for lesser time than the other parent, typically during the summer time and alternating weekends. You should state when you want to have the child with you.

Legal Custody

1) Joint legal -Both parents consult with each other on major decisions affecting the child. In some cases, the judge may decide that one parent is the final decision maker if the parents do not agree on an issue.

2) Sole legal- One parent makes all decisions concerning the child and does not have to consult the other parent.

Check the boxes which state what type of custody you are seeking.

Paragraph 4: Visitation

Check box (4) if you want to get visitation rights to your child(ren) and no visitation was granted in your legitimation. A sample visitation is attached as ”Exhibit C”. If you were granted visitation in your legitimation, but you now want to change your visitation, you must file a Petition of Change of Visitation.

Paragraph 5: Addresses of the Child(ren)



Write in the space provided the address of where the child(ren) currently live and the person with whom they are living. Then list each address where the child(ren) has/have lived for the past five years and state with whom the child(ren) were living for each address.

Paragraph 6: Other Custody Actions

Check box (a) if there has never been any other custody action concerning your
child(ren) other than the original order for legitimation.

Check box (b) if there has ever been or is presently another custody action concerning your child(ren). Write in the space provided the location of the custody action, the type of action, and what happened with that custody action.

Paragraph 7: Other Persons with Claims to Child(ren)

Check box (a) if no one other person or entity than you or the other party has a court order stating what legal rights they have to your child(ren). This means that there is no court order granting anyone else custody or guardianship of your child. If the child(ren) is/are in the physical custody of another person other than you or the mother, then you should check box (b) and write that persons name in the space provided.
Check box (b) if someone other than you or the other party has any legal rights to your child(ren). Write in the space provided the name of the person or entity, and what legal rights that person or entity has to your child(ren). If your child(ren) is/are in the physical custody of another person, then you should list that person also.

Paragraph 8: Child Support

Write in the space provided the name of your employer and your gross (before taxes) monthly income.

Check box (a) if you are in need of financial assistance from the mother for the support of the minor child(ren).

Check box (b) if the mother is able to support the minor child(ren). Then write the name of the mothers employer and her gross (before taxes) monthly income.
Check box (c) if service is by publication, or the mother has never resided in Georgia.

Georgia does not have personal jurisdiction over the mother. Please note that you cannot get an order for child support if Georgia does not have personal jurisdiction over the mother.


Paragraph 9: Health Insurance

Check box (a) if you desire that the mother obtain health insurance for the child(ren).

Check box (b) if you want the mother to maintain health insurance for the minor child(ren) and to split any uncovered expenses.

Check box ( c) if service is by publication, or the mother has never resided in Georgia.  Georgia does not have personal jurisdiction over the mother. Please note that you cannot get an order for health insurance if Georgia does not have personal jurisdiction over the mother.

Paragraph 10. Life Insurance

Check box (a) if you want the mother to carry life insurance with the child(ren) as beneficiaries.

Check box (b) if service is by publication, or the mother has never resided in Georgia.  Georgia does not have personal jurisdiction over the mother. Please note that you cannot get an order for life insurance if Georgia does not have personal jurisdiction over the mother.

Summary of Requests in Custody Action
Check everything that you want the court to grant you.

A Rule Nisi is a temporary hearing. You would check box (a) if you want the judge to make a temporary ruling on your case until the final hearing date is set.

You should always check box (j).

Signature
Date and sign the petition. Then write your name, address and telephone number in the space provided.

STEP 2: MOTHERS CONSENT TO CHANGE OF CUSTODY:
If the mother agrees to you having custody of the child(ren), she needs to fill out this form. Here are the detailed instructions for the mother:
Paragraph 1: In the first blank, write your relationship to the child(ren)
Paragraph 2: Check all the boxes that apply.
Date the consent form. WAIT TO SIGN THE FORM IN FRONT OF A NOTARY
PUBLIC. Most libraries and banks have a notary on staff and will notarize your
document for a fee.

STEP 3: VERIFICATION



Complete the Verification form. Write your name as the Petitioner and the opposing partys name as the Respondent. Do not fill in the section where it says “Civil Action File No.”. The clerk will assign a number to your case when you file your petition.  Then write your name and fill in the date where indicated. Then write your name, address and telephone number in the spaces provided.

WAIT TO SIGN THE VERIFICATION FORM IN FRONT OF THE NOTARY PUBLIC.
 Most libraries and banks have a notary on staff and will notarize your document for a fee.

STEP 4: OTHER COURT DOCUMENTS

In addition to the Petition for Custody and Verification form, you will need to attach the following forms:

You MUST have these forms attached to your petition. If the mother does NOT agree that you should have custody of the child(ren),

1. Two (2) Original Summons
2. Completed Financial Affidavit
3. Sheriffs Entry of Service
4. Domestic Intake Worksheet
5. Civil Case Initiation Form
6. Copy of your Legitimation Order

If the mother agrees that you should have custody, you may need to attach the
following:

1. Acknowledgment of Service
2. Waiver of Venue or Jurisdiction
3. Consent to Custody
4. Custody Agreement

STEP 5: FEES

The filing fee is $65.00-$ 73.00 (depending on county filed). The cost for a sheriff to serve your petition on the other side is $25.00* for each address where the sheriff attempts service. If you must serve the other side by publication, the cost is $80.00* in addition to the filing fee. You must pay these fees to the clerk when you file your petition. If you are unable to pay these fees, you can try get a judge to waive the fees by filling out a Poverty Affidavit.

Please note that by filling out a Poverty Affidavit, you are swearing under oath that you are financially unable to pay, not just unwilling to pay. 

STEP 6: FILING YOUR FORMS
You should make two (2) copies of all of your documents. Attach one (1) original
Summons to your original documents. Attach one (1) original Summons and Sheriffs Entry of Service to one of your copies. Give the clerk your original document and copies. The clerk will assign a number to your case and will write in the number on your documents. The clerk will then stamp your documents to show that your petition has been filed and will give you your copy for your records. The original will remain with the court. The other copy will be given to the sheriff to have served on the opposing party unless he/she signed an Acknowledgment of Service or it is being served by publication.

STEP 7: SERVICE
Personal service is generally required. See paragraph 2 “Venue and Service”.

STEP 8: HEARING
You will be notified of the date of your hearing/conference. You may request a Rule Nisi hearing. A Rule Nisi is a temporary hearing to have the judge make decisions about your petition on a temporary basis before your case is set for a final hearing. You will need to prepare to present your case before the judge before you attend any hearing.

.





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THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

PETITION FOR CUSTODY OR VISITATION

I, ___________________, representing myself, state that:

1. Subject Matter Jurisdiction
a) I am the Petitioner in this action.
b) Respondent and I are the parents of _______________ minor child(ren):

Full Name of child                  Sex(m/f) Date of Birth   Resides with Mother/Father/other
____________________ __ __________ ____________________
____________________ __ __________ ____________________
____________________ __ __________ ____________________
c) I am the father of the minor child(ren). I legitimated the minor child(ren)
pursuant to my Petition for Legitimation, in the Superior Court of ____________
County, Civil Action File No. ________________, said Petition having been granted by Judge_________________ on _____________. See the Order for Legitimation attached as Exhibit A.
d) The minor child(ren) have resided in Georgia for at least six months prior to
filing this Petition for Custody.

2. Venue and Service
The Respondents name is___________________________. Respondent is
the mother of the minor child(ren).
(Check only one: (a),(b),(c), or (d))
. a) The Respondent is a resident of ___________________ County and is subject to the jurisdiction of this Court. (Check (1), (2), (3), or (4))
. 1) The Respondent has consented to the jurisdiction of this Court and
has acknowledged service of process and jurisdiction of this Court.
(Check the box below if you and the mother have an agreement
concerning custody that you want the court to adopt as your order.)
. Attached to this Petition for Custody is an Agreement which the
Respondent and I desire to be incorporated into our final order.
. 2) The Respondent may be served at Respondents residence address
of _______________________________________________________.
. 3) The Respondent may be served at Respondents work address of
________________________________________________________.
. The Respondent works in _____________ County and shall be
served by second original.
. 4) The Respondent is a resident of __________ County but her whereabouts
are unknown to me as shown by my Affidavit of Due Diligence attached
hereto and incorporated by reference, marked Exhibit B. The
Respondent shall be served by publication as is provided by law in the
case of those who cannot be found pursuant to O.C.G.A. 9-11-4(e).
. b) The Respondent is not a resident of the State of Georgia, but I am a
resident of _____________________ County and (check (1), (2), or (3))
. 1) The minor child(ren) have resided with me for at least six months
prior to filing this Petition for Custody as a result of the Respondent
leaving them with me. (Check a or b)
. a) The Respondent formerly lived in Georgia and presently is a
resident of the State of _____________________ .The
Respondent may be served by second original pursuant to the
Long Arm Statute, O.C.G.A. ' 9-10-91(5). Respondent may be
served at Respondents home/work address at _______________
_____________________________________________________.

. b) The Respondent has never resided in the State of Georgia
and currently resides in the State of _______________ . Georgia
does not have personal jurisdiction over the mother, but does have
personal jurisdiction over the issue of custody. The Respondent
shall be personally served by second original as is provided by law
in the case of those who cannot be found within the State pursuant
to O.C.G.A. ' 9-11-4(e)(2) at Respondents home/work address of
_____________________________________________________
_____________________________________________________.
Attached to this petition is Petitioners Order and Motion to Have
Respondent Personally Served by Second Original.
. 2) The Respondents whereabouts are unknown to me as shown by my
Affidavit of Due Diligence attached hereto and incorporated by reference,
marked Exhibit B. The Respondent shall be served by publication as is
provided by law in the case of those who cannot be found within the State
pursuant to O.C.G.A. 9-11-4(e).
. 3) The Respondent has consented to the jurisdiction of this Court and
has acknowledged service of process and jurisdiction of this Court.
(Check the box below if you and Respondent have an agreement
concerning custody that you want the court to adopt as your order.)
. Attached to this Petition for Custody is an Agreement which the
Respondent and I desire to be incorporated into our final order.
. c) The Respondent is a resident of _____________County, and I live in ___________________ County. The Respondent has consented to the jurisdiction of this Court and has acknowledged service of process and jurisdiction of this Court. (Check the box
below if you and Respondent have an agreement concerning custody that you
want the court to adopt as your order.)
. Attached to this Petition for Custody is an Agreement which the
Respondent and I desire to be incorporated into our final order.
. d) I live in ____________________ County. The Respondents whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by reference, marked Exhibit B. The Respondent shall be served by publication as is provided by law in the case of those who cannot be found within the State pursuant to O.C.G.A. 9-11-4(e).

. 3. Request for Custody
I am entitled to custody of the minor child(ren) as follows:
(Check the type of custody you want.)
Physical Custody: Legal Custody:
. Joint physical custody . Joint legal custody
. Sole physical custody . Sole legal custody
. Primary physical custody
(what time period do you want the child(ren) to live with you.) _____________
_____________________________________________________________ .
. Secondary physical custody
(what time period do you want the child(ren) to live with you)______________
_____________________________________________________________ .
. 4. Request for Visitation
I desire to be awarded visitation with the minor children as set forth in Exhibit C.
5. Addresses of the child(ren)
(Please complete)
The minor child(ren) of the parties currently reside at ______________________
with ____________________. During the past five years, the minor child(ren) have lived at the addresses below with the following persons:
Address                   Resided with
___________________________________ _________________________
___________________________________ _________________________
___________________________________ _________________________
___________________________________ _________________________
___________________________________ _________________________

6. Other Custody Actions
(check (a) or (b))
. a) I have not participated as a party, or witness, or in any capacity in any other
litigation concerning the custody of the minor child(ren) in this or any other state. I do not know of any custody proceeding concerning the minor child(ren) which may be pending in a Court in this or any other state.
. b) The minor child(ren) have been involved in the following custody actions.
County/State/Court       Type of custody action    Date Filed    Status
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
7. Other person with rights to the child(ren)
(check (a) or (b))
. a) I know of no other person, not a party to this proceeding, who has physical
custody of the children or claims to have custody or visitation rights with respect to the minor child(ren).
. b) The following persons who are not a party to this proceeding have custody
or visitation rights with the minor child(ren).
Name                   Claim
_______________________________ ________________________________
_______________________________ ________________________________
8. Child Support
I am employed by ______________________ earning __________________ per month.
. a) I am in need of financial assistance from the Respondent for the support of
the minor child(ren).
. b) The Respondent is an able bodied person capable of earning sufficient
money to support the minor child(ren). Respondent is employed by
__________________ earning ________________ per month.
. c) Georgia does not have personal jurisdiction over the mother, so the issue of
child support cannot be decided in this action.

9. Health Insurance
(Check (a), (b) or (c))
. a) Respondent should be ordered to maintain a policy for dental, medical, and
hospitalization insurance for the minor child(ren). Respondent should also be
responsible for any other expenses for the child(ren)s medical or dental treatment, if such expenses are not covered by insurance policies.
. b) Respondent and I should share the costs of dental, medical, and
hospitalization insurance for the minor child(ren).
. c) Georgia does not have personal jurisdiction over the mother, so the issue of
health insurance cannot be decided in this action.

10. Life Insurance
(Check (a) or (b))
. a)Respondent should be ordered to maintain life insurance for the benefit of
the minor child(ren).
. b) Georgia does not have personal jurisdiction over the mother, so the issue of
life insurance cannot be decided in this action.

FOR THESE REASONS, I request
(Check all that apply)
. a) That a Rule Nisi be issued directing the Respondent to show cause why my
prayers should not be granted;
. b) That I be awarded custody as follows:
. 1) Sole legal and physical custody of the minor child(ren)
. 2) Joint legal and joint physical custody of minor child(ren)
. 3) Primary physical and joint legal custody
. 4) Secondary physical and joint legal custody
. 5) Other: _______________________________________
. c) That I be awarded visitation with the minor children as set forth in Exhibit
“C” attached hereto;
. d) Child Support;
. e) Medical, Dental and Hospitalization insurance for the child(ren);
. f) Life Insurance for the benefit of the minor child(ren);
. g) That all issues of child support, health insurance for the minor child(ren),
life insurance for the minor child(ren) be held in abeyance until such time
as this court has personal jurisdiction over Respondent;
. h) Respondent be served with a copy of my Petition for Custody or Visitation;
and
. i) That the attached Agreement for Custody be made the final order of this
Court; and
. j) Any other appropriate relief.

This _________ day of _____________________ ,________ .


Respectfully submitted,


___________________________________
Signature Pro Se
Petitioners Name (print or type): _________________
Petitioners Address: _______________________
_____________________________________
Petitioners telephone number: (___)______________

THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

ACKNOWLEDGMENT OF SERVICE

The undersigned Respondent hereby acknowledges service of the above Petition for Divorce and states that (s)he has received a copy of said Petition, and Respondent hereby waives any and all further notice, service, and issuance of process.

WAIVER OF VENUE RESPONDENTS AFFIDAVIT

I, am the named respondent in the above-styled case, which is a petition for ______________________________.  After being duly sworn, I state the following:

1. I am a resident of _________________________ County in the State of Georgia, and that Petitioner is a resident of _____________________________ County, Georgia.

2. I have been informed that I have a constitutional right to a trial by judge or jury in the county of my residence, and that I expressly waive my right to venue in the County of my residence, and consent to venue and personal jurisdiction in ________________ County Superior Court.

This_____ day of ____________________, ______.

____________________________________________
Respondents Signature (Sign in front of the Notary)
Address:
Telephone:

Sworn to and signed before me, this
______day of __________________, ________.

______________________________
NOTARY PUBLIC
My commission expires:





THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

VERIFICATION

I, _________________________, personally appeared before the undersigned Notary Public, and say under oath that I am the (check one:) _____. Petitioner _____. Respondent in the above-styled action and that the facts stated in the are true and correct.

This the ____________________ day of _____________________, _____.
        [date]                 [month]           [year]

__________________________________________________
(Sign your name here in front of the Notary)
Name (print or type):___________________________________
Address:____________________________________________
___________________________________________________
Telephone number: ( )


Sworn to and subscribed before me, this
_____ day of _________________, _______.


__________________________________
NOTARY PUBLIC

My Commission Expires:
(Notary Seal)










THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

RULE NISI

The foregoing Petition for Divorce having been read and filed, the (check one:) _______. Petitioner ______. Respondent is Ordered to show cause before the Honorable
___________________________________, on the _____ day of _______________, ______ at
_____.m. in Courtroom _____ why the prayers of (check one:) ___. Petitioner __. Respondent should not be granted.

This the ____________________ day of _____________________, _____.
        [date]                 [month]         [year]


____________________________________________________
Deputy Clerk






















THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

CERTIFICATE OF SERVICE

    This certifies that on I sent copies of the following documents: ______________________________________________________________________

to the opposing party by   . first class mail,  . certified mail, . return receipt requested, or  via sheriffs service.

They were addressed as follows:


Dated:

. Plaintiff
. Defendant

____________________________________________
(Check & sign)


Name:
Address:
Phone: (                                                 )










THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,         )   CIVIL ACTION
                  )
Petitioner            )   NO:  __________________
vs.                  )
                  )
___________________,         )
                  )
   Defendant            )


ACKNOWLEDGMENT OF SERVICE

The undersigned Respondent hereby acknowledges service of the above
Petition for _________________________, and states that (s)he has received a copy of said Petition, and Respondent hereby waives any and all further notice, service, and issuance of process.

This _______  day of _______________________, 20_____.


_____________________________________________
Respondents Signature (Sign in front of the Notary)
Respondents Name (Print):
Address:
Telephone Number:

Sworn and subscribed before me,
this_____ day of __________________, 20______.


________________________________
NOTARY PUBLIC

My commission expires: ______________________





VISITATION SCHEDULE (SAMPLE)

VISITATION IS FOR THE PRIMARY BENEFIT OF THE CHILD.
VISITATION SHOULD NOT BE VIEWED AS A PRIVILEGE TO BE EXERCISED AT THE WHIM OF EITHER PARENT, BUT AS A RESPONSIBILITY WHICH SHOULD BE FULFILLED ABSENT NECESSARY CAUSE. The mother is expected to provide access to each child at unscheduled times if requested and if to do so would not unreasonably disrupt prior planned activities of the child or the mother.
GENERAL: The parent with primary custody shall be referred to herein as the mother, and the other parent shall be referred to as the father.
A. INFANT VISITATION (INFANTS TO 18 MONTHS): Because infants are in particular need of receiving continuity and consistency of care by one primary caretaker and the father needs to establish a meaningful bond with the infant, the following visitation guideline should balance the needs of both parent and infant, regardless of whether that infant has older siblings that enjoy extended visitation with the father.
1. WEEKENDS: The father shall be entitled to alternate weekend visitation. Visitation shall begin Friday at 6:00 p.m. and end Saturday at 6:00 p.m.
2. WEEKDAY VISITATION: The father shall be entitled to visitation two evenings per week from 5:00 p.m. to 8:00 p.m. These shall be the same two evenings every week and varied only if it conflicts with the holiday or vacation schedule. If the parties cannot agree, weekday visitation shall be on Monday and Wednesday.
3. HOLIDAYS: In odd-numbered years, the father shall be entitled to spend Martin Luther King Jr. Day, Easter, July 4th, Thanksgiving and Christmas Day with the minor child; and the mother shall be entitled to Memorial Day, Labor Day, Christmas Eve and New Years; in even-numbered years, the schedule shall be reversed. The Holiday schedule shall preempt weekday and weekend visitation schedules. The Court recognizes that this schedule revolves around Christian holidays. If either or both parties celebrate other holidays, then they should be written down, divided and alternated each year.
a. NEW YEARS: Visitation shall begin at 6:00 p.m. New Years Eve (December 31st) and end at 6:00 p.m. on New Years Day (January 1st).
b. MARTIN LUTHER KING JR. DAY: Visitation shall be from 9:00 a.m. until 6:00 p.m. on the official holiday.
c. EASTER: Visitation shall begin at 6:00 p.m. on the Saturday before Easter Sunday and end at 6:00 p.m. Easter Sunday.
d. MOTHER'S DAY: shall be spent with the mother every year with priority over any other visitation schedule; visitation hours shall be from 9:00 a.m. until 6:00 p.m. 
e. MEMORIAL DAY: Visitation shall be from 9:00 a.m. until 6:00 p.m. on the official holiday.
f. FATHER'S DAY: shall be spent with the father every year with priority over any other visitation schedule; visitation hours shall be from 9:00 a.m. until 6:00 p.m. 
g. JULY FOURTH, and LABOR DAY: Visitation shall be from 9:00 a.m. until 6:00 p.m. on the official holiday.
h. THANKSGIVING: Visitation shall begin on the Wednesday before Thanksgiving at 6:00 p.m. and end at 6:00 p.m. Thanksgiving day.
i. CHRISTMAS EVE: Visitation shall begin at noon on Christmas Eve and end at 10:00 a.m. Christmas Day.
j. CHRISTMAS DAY: Visitation shall begin at 10:00 a.m. on Christmas Day and end at noon on December 26th.
k. MOTHER'S BIRTHDAY shall be spent with the mother every year. If the mother is the father and the mother's birthday is on a Sunday, Monday, Tuesday, Wednesday, or Thursday, visitation hours shall be from 5:00 p.m. until 8:00 p.m.. If the mother's birthday is on a Friday or Saturday, visitation shall be from 6:00 p.m. on Friday and end at 6:00 p.m. on Saturday. This visitation will not affect holiday visitation.
l. FATHER'S BIRTHDAY shall be spent with the father every year. If the father is the father and the father's birthday is on a Sunday, Monday, Tuesday, Wednesday, or Thursday, visitation hours shall be from 5:00 p.m. until 8:00 p.m.. If the father's birthday is on a Friday or Saturday, visitation shall be from 6:00 p.m. on Friday and end at 6:00 p.m. on Saturday. This visitation will not affect holiday visitation.
m. CHILD'S BIRTHDAY: The child shall celebrate his or her birthday with the father in odd-numbered years and the mother in even-numbered years. In years that the child spends his or her birthday with the father, if the child's birthday falls on a Sunday, Monday, Tuesday, Wednesday, or Thursday, visitation shall be from 5:00 p.m. until 8:00 p.m.; if the child's birthday falls on a Friday or Saturday, visitation shall be from 6:00 p.m. on Friday and end at 6:00 p.m. on Saturday. The parent holding a birthday party for the child may wish to consider inviting the other parent.
n. ANNUAL VISITATION FOR INFANTS (BIRTH TO 18 MONTHS): Unless otherwise agreed to by the parties, regular weekend and weekday visitation shall be maintained year around.
B. REGULAR VISITATION (AGE 18 MONTHS AND OLDER)
1. WEEKENDS: The father shall be entitled to alternate weekend visitation. Visitation shall begin Friday at 6:00 p.m. and end at 6:00 p.m. on Sunday. It is not the responsibility of the mother to provide food or shelter for the child during the father's visitation.
2. WEEKDAY VISITATION: The father shall have visitation with the school age child one evening per week from the time school releases until 9:00 p.m. If the child is preschool age, visitation shall be from 3:00 p.m. until 8:00 p.m. This shall be the same evening each week and varied only if it conflicts with the holiday or vacation schedule. If the parties cannot agree on the weeknight, it shall be Wednesday evening.
3. HOLIDAYS: In odd-numbered years, the father shall spend Martin Luther King Jr. Day Weekend, Easter, July 4th Weekend, Thanksgiving and the first half of Christmas vacation with the minor child; and the mother shall be entitled to spend Spring break vacation, Memorial Day Weekend, Labor Day Weekend, Halloween, and the second half of Christmas vacation with the minor child. In even-numbered years, the schedule shall be reversed. The Holiday schedule shall preempt weekday and weekend visitation schedules. The Court recognizes that this schedule and the typical school schedule revolves around Christian holidays. If either or both parties celebrate other holidays, then they should be written down, divided and alternated each year.
a. MARTIN LUTHER KING JR. DAY WEEKEND: Visitation shall begin at 6:00 p.m. on Friday and end at 6:00 p.m. Monday.
b. EASTER: Easter often falls within the spring vacation period. In the event that it does not, then the father shall spend Easter with the child during odd-numbered years, and the mother during even-numbered years. If Easter falls within the spring vacation period, then visitation shall be with the parent entitled to spend the spring vacation period with the child. Easter visitation hours shall be from 6:00 p.m. Friday and end at 6:00 p.m. Sunday.
c. MOTHER'S DAY shall be spent with the mother every year. In the event the holiday falls on a weekend that is scheduled to be spent with the other parent, visitation hours shall be from 9:00 a.m. until 6:00 p.m. on Mother's Day. This visitation shall not affect vacation visitation.
d. MEMORIAL DAY WEEKEND: Visitation shall begin at 6:00 p.m. on Friday and end at 6:00 p.m. Monday.
e. FATHER'S DAY shall be spent with the father every year. In the event the holiday falls on a weekend that is scheduled to be spent with the other parent, visitation hours shall be from 9:00 a.m. until 6:00 p.m. on Father's Day. This visitation shall not affect vacation visitation.
f. JULY FOURTH WEEKEND: Visitation shall begin at 6:00 p.m. July 3rd and end at 9:00 a.m. July 5th . If the holiday falls on a weekend, then visitation shall begin at 6:00 p.m. on Friday and end at 9:00 a.m. on Tuesday.
g. LABOR DAY WEEKEND: Visitation shall begin at 6:00 p.m. on Friday and end at 6:00 p.m. Monday.
h. HALLOWEEN/OCTOBER 31ST: If the holiday falls on a weekday, visitation shall be from 3:00 p.m. or when school releases until 9:00 p.m.; If the holiday falls on a Saturday or Sunday, visitation shall be from 9:00 a.m. until 9:00 p.m. 
i. THANKSGIVING: Shall begin on the Wednesday before Thanksgiving at 6:00 p.m. and end at 6:00 p.m. Sunday.
j. CHRISTMAS VACATION: The first half of the Christmas visitation period shall begin at 6:00 p.m. December 18th and end at 10:30 p.m. December 24th. The second half of the Christmas visitation period shall begin 10:30 p.m. December 24th and end at noon January 1st.
k. MOTHER'S BIRTHDAY shall be spent with the mother every year. If the mother is the father and the mother's birthday is on a weekday, visitation hours shall be from 3:00 p.m. or when school releases until 9:00 p.m.. If the mother's birthday is on a weekend that is scheduled to be spent with the other parent, visitation shall be from 9:00 a.m. until 6:00 p.m. on the mother's birthday. This visitation will not affect holiday or vacation visitation.
l. FATHER'S BIRTHDAY shall be spent with the father every year. If the father is the father and the father's birthday is on a weekday, visitation hours shall be from 3:00 p.m. or when school releases until 9:00 p.m.. If the father's birthday is on a weekend that is scheduled to be spent with the other parent, visitation shall be from 9:00 a.m. until 6:00 p.m. on the father's birthday. This visitation will not affect holiday or vacation visitation.
m. CHILD'S BIRTHDAY: The child shall celebrate his or her birthday with the father in odd-numbered years and the mother in even-numbered years. In years that the child spends his or her birthday with the father, if the child's birthday falls on a weekday, visitation shall be from 3:00 p.m. or when school releases until 9:00 p.m.. If the child's birthday falls on a weekend that is scheduled to be with the other parent, visitation shall be from 9:00 a.m. until 6:00 p.m. on the child's birthday. The parent holding a birthday party for the child may wish to consider inviting the other parent. This visitation shall not affect holiday or vacation visitation.
n. ANNUAL VACATION: Visitation shall be as follows:
i.) CHILDREN AGE 18 MONTHS THROUGH SIX YEARS: Three one week periods during the summer to start no sooner than the first full week of June and to end no later than the last full week of August. In the event that written notification is not given as set forth in section v.) Scheduling Annual Vacation, visitation shall be the second full week of June, the second full week of July and the first full week of August. The one week visitation period shall begin 6:00 p.m. Friday and end at 6:00 p.m. the following Friday.
ii.) CHILDREN AGE SIX THROUGH TWELVE YEARS: Four weeks during the summer to start no sooner than one full week after the last day of school and to end no later than one full week before the first day of school. Visitation may be exercised in one three week period plus a one week period or two  week periods that shall not be consecutive. In the event that written notification is not given as set forth in section v.) Scheduling Annual Vacation, visitation shall be the last two full weeks of June and the last two full weeks of July. Parents shall schedule annual vacation visitation within the confines of the school calendar including year around schooling and summer school if applicable.
iii.) CHILDREN 12 AND OLDER: Six weeks during summer vacation to start no sooner than one full week after the last day of school and to end no later than one full week before the first day of school. Visitation may be exercised in three two week periods or two three week periods that shall not be consecutive. In the event that written notification is not given as set forth in section v.) Scheduling Annual Vacation, visitation shall be the last three full weeks of June and the last two full weeks of July and the first full week of August. Parents shall schedule annual vacation visitation within the confines of the school calendar including year around schooling and summer school if applicable.
iv.) CHILDREN IN DIFFERENT AGE GROUPINGS: If there are two or more children whose ages span different age groupings entitling the children to different visitation periods with the father, then the younger children shall get the benefit of the oldest child's visitation schedule. THIS PROVISION DOES NOT APPLY TO INFANTS (AGE BIRTH TO 18 MONTHS). PARENTS OF INFANTS MUST FOLLOW THE INFANT VISITATION SCHEDULE FOR THE INFANT REGARDLESS OF WHETHER OR NOT THE INFANT HAS OLDER SIBLINGS.
v.) SCHEDULING ANNUAL VACATION: The father will have first choice of annual vacation visitation and shall designate in writing his or her choice for annual vacation no later than April 15th of each year. Unless specifically prohibited by Court order, either parent may temporarily remove the child from the State of Florida for purpose of annual visitation for no more than 21 continuous days only if the parent traveling with the child provides the other parent with a written general itinerary and contact phone numbers where the child can be contacted during the vacation.
4. CANCELLATION BY father: Twenty-four hours' notice shall be given by the parent entitled to visitation with the child if visitation will not be exercised for the weekday or weekend. A minimum of one week's notice shall be given by the parent entitled to visitation for a holiday, birthday or special occasion if visitation will not be exercised. A minimum of thirty days' notice shall be given in writing by the parent entitled to visitation for Christmas, annual vacation or a period of one week or greater if visitation will not be exercised. The parent seeking cancellation shall arrange and pay for babysitting, child care or other appropriate supervision of the child for the visitation period, to the extent such expense is due to the cancellation. ANY VISITATION CANCELED BY THE father SHALL BE FORFEITED. 
5. MEDICATION, ILLNESS, OR ACCIDENT: If medication or physical therapy has been prescribed for the child, then both parents shall maintain without fail all medical prescription dosages and/or medical therapy as may be prescribed for the child. The doctor 's name and phone number shall be shared. In the event of a serious illness or accident happening to the child while in the care of one parent, the other parent shall be notified as soon as practicable but no later than three hours after the incident or diagnosis. ILLNESS OF THE CHILD SHALL NOT PREVENT VISITATION WITH THE CHILD, UNLESS THE CHILD IS HOSPITALIZED.
6. COMMUNICATIONS: Provided that each parent has a telephone located in their home, the child shall be entitled to reasonable telephone communication with both parents. Each parent shall immediately deliver to the child all letters, cards, correspondence, gifts, toys, clothes and other items sent to that child by the other parent. Neither parent shall withhold, return, destroy, give away, sell or otherwise dispose of any such items. If either parent plans a vacation or trip out of town with the child for three days or more, that parent must provide the other parent with a general itinerary, a phone number where the child can be reached and the dates of departure and return.
7. SCHEDULED EVENTS: Both parents shall be entitled and are encouraged to attend and participate in special activities in which the child is engaged, such as school programs, graduation, sports, recitals and other extracurricular activities. In the event that the child has extracurricular activity, then the parent that is caring for the child when the activity is scheduled should assure the child's attendance. The child's wishes shall be taken into account. Each parent shall advise the other parent of extracurricular activities in which the child participates within twenty-four hours of notification of an activity or event. Each parent shall make an effort not to schedule activities for the child during the other parent's time with the child.
8. TRANSPORTATION: The father shall pick up the child for visitation and drop the child off after visitation. A parent's spouse or grandparent may substitute for the parent in transporting the child to and from visitation, any other third party shall be agreed to by both parents.
9. WAITING: A child shall be picked up or delivered within thirty (30) minutes of the scheduled time of exchange. If the father is more than thirty minutes late and creates a hardship as a result, visitation shall be forfeited for that visitation period.
10. ADEQUATE AND CLEAN CLOTHING FOR VISITATION shall be supplied by the mother and all these clothes shall be returned in the same clean condition by the father.






THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,         )   CIVIL ACTION
                  )
Petitioner            )   NO:  __________________
vs.                  )
                  )
___________________,         )
                  )
   Defendant            )

AFFIDAVIT OF PUBLICATION AND DILIGENT SEARCH
WHERE RESPONDENTS ADDRESS IS UNKNOWN

Comes now the Petitioner who states on oath that diligent search has been made and that the Respondent cannot be found. The last known address and telephone number of Respondent is ___________________________________.

The Petitioner has made the following efforts to find the Respondent: (Check all that apply)

. Checking with Respondents friends and relatives
Name(s), address(es)and telephone number(s) of everyone that you contacted:
 
. Contacting Respondents former Landlord
Name, address and telephone number of former landlord:
 
. Checking telephone information and directories
. Attempting to have Respondent served at his/her last known address which is listed above
. Attempting to have Respondent served at his/her last known employer
Name and address of last known employer:
 
. Other

-----------------------------------------------------------
Signature (Sign in front of the Notary)

Sworn to and subscribed before me,
this day of __________________________ , ________________.

NOTARY PUBLIC    ___________________      
My Commission expires: _____________________________
Number of Pages31
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#18458
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Fathers Petition for Custody or
Visitation after Legitimation
(Georgia)







This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Fathers Petition for Custody or Visitation after
     Legitimation (Georgia)





General Information
Fathers Petition for Custody or Visitation after Legitimation (Georgia)

If you are the father of a child and have an order from a judge legitimating your child and you want custody, then you must file a Petition for Custody in the Superior Court in the County of the parent who has legal custody of the child.

The mother is usually the other side in a fathers request for custody after he has legitimated his child. If the other side is another relative that was granted custody through a court order, you should consult with an attorney.

You should consult an attorney when filing legal papers to be sure that your rights are protected and that all procedures are correctly followed particularly if: The case is contested and the mother has a lawyer, you cannot locate the mother to serve her with your papers or you think you will have difficulty obtaining documents from the mother.





Instructions and Checklist
Fathers Petition for Custody or Visitation after Legitimation (Georgia)

  Read the petition and verification form carefully.

   Insert all requested information in the spaces provided on the form and attach any other documents necessary to file the petition.  

     Sign the petition and file with the Clerk of the Court along with any filing fees.  

     Serve the other side with a copy of the petition and any other required documents.  

   Retain a copy of the signed petition after filing with the court.  

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  



Step-by-Step Instructions
Fathers Petition for Custody or Visitation after Legitimation (Georgia)

STEP 1: Complete the attached sample form for petition for custody
Fill in your name as the Petitioner and the mothers name as the Respondent. Do not fill in the section where it says “Civil Action File No”. The clerk will assign a number to your case when you file your petition. Then write your name in the space provided.

Paragraph 1: Subject Matter jurisdiction
In order for a judge in Georgia to make a decision as to whether you should have custody of your child(ren), the child(ren) must have lived in Georgia for at least six months before you file your petition. You must not have illegally removed the child(ren) from the state where the mother lives. If your child(ren) have not lived in Georgia for six months before you file, there may be other situations that will give a judge in Georgia authority to decide custody, but you will need to speak with an attorney to determine whether or not your situation might meet those requirements.

In subparagraph (b), write in the number of minor child(ren) you and the mother have.

Then list the child(ren)s names, gender, date of birth, and with whom they are living.

In subparagraph (c), write in the name of the county where you got your Legitimation Order and the Civil Action File Number of your legitimation case where indicated.

Write the judges name that granted the legitimation and the date the judge signed the order. You must attach a copy of your Legitimation Order to this petition, and write Exhibit A on the top of the first page.

Paragraph 2: Venue and Service
“Venue” is another name for county. “Service” is a legal way of making sure that the other side gets a copy of the papers that you are filing with the court. It is very important that you file in the proper county and that the other side is served correctly.  The general rule is that you file your Petition for Custody in the county where the mother lives unless the mother signs a Waiver of Venue form or a Waiver of Jurisdiction form. If the mother lives in a different county in Georgia, but will agree to you filing in your county, she will need to sign a Waiver of Venue form. If the mother lives in another state, but will agree to you filing in your state and county, she will need to sign a Waiver of Jurisdiction form unless the child has lived with you for at least six (6) months prior to you filing this petition. (The Waiver forms are available at the Family Law Information Center.)



Write the name of the Respondent in the space provided.

PLEASE READ ALL THE OPTIONS BEFORE CHECKING ANY BOXES

BOX A SECTION
Check box (a) if the mother lives in filing county.  
Check box (1) if the mother will admit receiving a copy of your Petition for
Custody by signing an Acknowledgment of Service form. If you and the
mother have an agreement for custody that you want the court to accept, check
the box beneath this paragraph and then attach the original signed agreement to your petition.
Check box (2) if the mother will not admit to receiving a copy of your petition
and lives in _ Filing _ County. You must have the sheriff serve the mother with a copy of your Petition for Custody. Write her home address in the space provided.
Check box (3) if the mother will not agree to you having custody and lives in
filing county, and you do not know where she lives; but, you do know where
she works. Write in the space provided the mothers work address. If her work
address is not in filing county then check the box below this paragraph and
write in the space provided the county where her work address is located. The
sheriff in the county where she works must serve the mother with a copy of your Petition for Custody. This is called serving a person by “second original”.

Check box (4) if the mother is a resident of filing county, but you do not know
where she lives or works. You will have to do what is called “service by publication.

BOX B SECTION
Check box (b) if the Respondent is not a resident of Georgia, but you are a resident of _ Filing  County and the child(ren) have lived with you in Georgia for at least six months.
Check box (1) if the mother will not consent to this action and does not live in
Georgia and you know where she lives, then either:
Check box (a) if the mother was formerly a resident of the State of Georgia.
Circle whether the mother will be served at home or work.
Write that address in the space provided. You will have to have
the mother served in the county where she lives. Please note that
you will have to inform the clerk that you are having your petition
served by “second original”.
Check box (b) if the mother has never lived in Georgia, but you


know where she lives. Write in the space provided the state where the mother is currently living. Then circle whether the mother will be served at home or work. Write that address in the space provided. You must have the mother personally served by second original. However, because the mother has never lived in Georgia, you must first get a court order from the presiding judge stating that
the mother can be personally served by second original. You must complete a Motion to Have Respondent Personally Served by Second Originaland attach an Affidavit Where Respondent is Nonresident. Then take your Motion, Affidavit, and proposed order to the presiding judge to get signed. If signed, file this Motion, Affidavit, and Order with your Petition for Custody. Then follow the instructions in the Service Packet for Personal Service by Second Original. Your petition will be limited to the issue of custody of the child(ren). The Court cannot address any other issue (such as child support) because Georgia does not have personal jurisdiction over the mother.
Check box (2) if the mother does not live in Georgia and you do not know where she lives or works. You will have to do what is called “service by publication”. If you know the county or city where she lives, you must publish the notice in that city/countys legal newspaper as well as in your countys legal newspaper.
Check box (3) if the mother does not live in Georgia and will admit receiving the
papers from you by signing an Acknowledgment of Service and a Waiver of
Venue form. You will need to attach the signed Acknowledgment and Waiver to
this petition. If you and the mother have an agreement for custody that you want the court to accept, check the box beneath this paragraph and then attach the original signed agreement to your petition.

BOX C SECTION
Check box (c) if the mother lives in another county in Georgia and agrees to your Petition for Custody being filed in _Filing_ County. Write in the space provided the county where the Mother lives. If you and the mother have an agreement for custody that you want the court to accept, check the box beneath this paragraph and then attach the original signed agreement to your petition.

BOX D SECTION
Check box (d) if you have no idea where the mother lives but you live in filing county.

If you know that the mother lives in another county in Georgia and you know which county, you must file in that county. You must have searched thoroughly for her address. You must attach an Affidavit of Diligent Search stating what efforts you have made to locate the mother. See the "How to Serve" packet for complete instructions. Your petition will be limited to the issue of custody of the child(ren). The court cannot address any other issue (such as child support) because the mother will not be personally served with a copy of the petition.


If the Respondent lives in another county in Georgia and does not agree to the case being brought in filing county, then you must file in the county where the Respondent lives.

Paragraph 3: Request for Custody
Check box (3) if you want to get legal or physical custody of your child.
There are two types of custody: physical and legal. Please review the definitions for each.

Physical Custody:

1) Joint-You and the other parent share physical custody of the child with the child living half of the time with one parent and the other half with the other parent. This arrangement can work where the parties live close to one another.

2) Sole physical- The child lives with one parent exclusively and visits with the other parent.

3) Primary physical-One parent has physical custody of the child the majority of the time. You should state when you want to have the child with you.

4) Secondary physical-One parent has physical custody of the child for lesser time than the other parent, typically during the summer time and alternating weekends. You should state when you want to have the child with you.

Legal Custody

1) Joint legal -Both parents consult with each other on major decisions affecting the child. In some cases, the judge may decide that one parent is the final decision maker if the parents do not agree on an issue.

2) Sole legal- One parent makes all decisions concerning the child and does not have to consult the other parent.

Check the boxes which state what type of custody you are seeking.

Paragraph 4: Visitation

Check box (4) if you want to get visitation rights to your child(ren) and no visitation was granted in your legitimation. A sample visitation is attached as ”Exhibit C”. If you were granted visitation in your legitimation, but you now want to change your visitation, you must file a Petition of Change of Visitation.

Paragraph 5: Addresses of the Child(ren)



Write in the space provided the address of where the child(ren) currently live and the person with whom they are living. Then list each address where the child(ren) has/have lived for the past five years and state with whom the child(ren) were living for each address.

Paragraph 6: Other Custody Actions

Check box (a) if there has never been any other custody action concerning your
child(ren) other than the original order for legitimation.

Check box (b) if there has ever been or is presently another custody action concerning your child(ren). Write in the space provided the location of the custody action, the type of action, and what happened with that custody action.

Paragraph 7: Other Persons with Claims to Child(ren)

Check box (a) if no one other person or entity than you or the other party has a court order stating what legal rights they have to your child(ren). This means that there is no court order granting anyone else custody or guardianship of your child. If the child(ren) is/are in the physical custody of another person other than you or the mother, then you should check box (b) and write that persons name in the space provided.
Check box (b) if someone other than you or the other party has any legal rights to your child(ren). Write in the space provided the name of the person or entity, and what legal rights that person or entity has to your child(ren). If your child(ren) is/are in the physical custody of another person, then you should list that person also.

Paragraph 8: Child Support

Write in the space provided the name of your employer and your gross (before taxes) monthly income.

Check box (a) if you are in need of financial assistance from the mother for the support of the minor child(ren).

Check box (b) if the mother is able to support the minor child(ren). Then write the name of the mothers employer and her gross (before taxes) monthly income.
Check box (c) if service is by publication, or the mother has never resided in Georgia.

Georgia does not have personal jurisdiction over the mother. Please note that you cannot get an order for child support if Georgia does not have personal jurisdiction over the mother.


Paragraph 9: Health Insurance

Check box (a) if you desire that the mother obtain health insurance for the child(ren).

Check box (b) if you want the mother to maintain health insurance for the minor child(ren) and to split any uncovered expenses.

Check box ( c) if service is by publication, or the mother has never resided in Georgia.  Georgia does not have personal jurisdiction over the mother. Please note that you cannot get an order for health insurance if Georgia does not have personal jurisdiction over the mother.

Paragraph 10. Life Insurance

Check box (a) if you want the mother to carry life insurance with the child(ren) as beneficiaries.

Check box (b) if service is by publication, or the mother has never resided in Georgia.  Georgia does not have personal jurisdiction over the mother. Please note that you cannot get an order for life insurance if Georgia does not have personal jurisdiction over the mother.

Summary of Requests in Custody Action
Check everything that you want the court to grant you.

A Rule Nisi is a temporary hearing. You would check box (a) if you want the judge to make a temporary ruling on your case until the final hearing date is set.

You should always check box (j).

Signature
Date and sign the petition. Then write your name, address and telephone number in the space provided.

STEP 2: MOTHERS CONSENT TO CHANGE OF CUSTODY:
If the mother agrees to you having custody of the child(ren), she needs to fill out this form. Here are the detailed instructions for the mother:
Paragraph 1: In the first blank, write your relationship to the child(ren)
Paragraph 2: Check all the boxes that apply.
Date the consent form. WAIT TO SIGN THE FORM IN FRONT OF A NOTARY
PUBLIC. Most libraries and banks have a notary on staff and will notarize your
document for a fee.

STEP 3: VERIFICATION



Complete the Verification form. Write your name as the Petitioner and the opposing partys name as the Respondent. Do not fill in the section where it says “Civil Action File No.”. The clerk will assign a number to your case when you file your petition.  Then write your name and fill in the date where indicated. Then write your name, address and telephone number in the spaces provided.

WAIT TO SIGN THE VERIFICATION FORM IN FRONT OF THE NOTARY PUBLIC.
 Most libraries and banks have a notary on staff and will notarize your document for a fee.

STEP 4: OTHER COURT DOCUMENTS

In addition to the Petition for Custody and Verification form, you will need to attach the following forms:

You MUST have these forms attached to your petition. If the mother does NOT agree that you should have custody of the child(ren),

1. Two (2) Original Summons
2. Completed Financial Affidavit
3. Sheriffs Entry of Service
4. Domestic Intake Worksheet
5. Civil Case Initiation Form
6. Copy of your Legitimation Order

If the mother agrees that you should have custody, you may need to attach the
following:

1. Acknowledgment of Service
2. Waiver of Venue or Jurisdiction
3. Consent to Custody
4. Custody Agreement

STEP 5: FEES

The filing fee is $65.00-$ 73.00 (depending on county filed). The cost for a sheriff to serve your petition on the other side is $25.00* for each address where the sheriff attempts service. If you must serve the other side by publication, the cost is $80.00* in addition to the filing fee. You must pay these fees to the clerk when you file your petition. If you are unable to pay these fees, you can try get a judge to waive the fees by filling out a Poverty Affidavit.

Please note that by filling out a Poverty Affidavit, you are swearing under oath that you are financially unable to pay, not just unwilling to pay. 

STEP 6: FILING YOUR FORMS
You should make two (2) copies of all of your documents. Attach one (1) original
Summons to your original documents. Attach one (1) original Summons and Sheriffs Entry of Service to one of your copies. Give the clerk your original document and copies. The clerk will assign a number to your case and will write in the number on your documents. The clerk will then stamp your documents to show that your petition has been filed and will give you your copy for your records. The original will remain with the court. The other copy will be given to the sheriff to have served on the opposing party unless he/she signed an Acknowledgment of Service or it is being served by publication.

STEP 7: SERVICE
Personal service is generally required. See paragraph 2 “Venue and Service”.

STEP 8: HEARING
You will be notified of the date of your hearing/conference. You may request a Rule Nisi hearing. A Rule Nisi is a temporary hearing to have the judge make decisions about your petition on a temporary basis before your case is set for a final hearing. You will need to prepare to present your case before the judge before you attend any hearing.

.





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THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

PETITION FOR CUSTODY OR VISITATION

I, ___________________, representing myself, state that:

1. Subject Matter Jurisdiction
a) I am the Petitioner in this action.
b) Respondent and I are the parents of _______________ minor child(ren):

Full Name of child                  Sex(m/f) Date of Birth   Resides with Mother/Father/other
____________________ __ __________ ____________________
____________________ __ __________ ____________________
____________________ __ __________ ____________________
c) I am the father of the minor child(ren). I legitimated the minor child(ren)
pursuant to my Petition for Legitimation, in the Superior Court of ____________
County, Civil Action File No. ________________, said Petition having been granted by Judge_________________ on _____________. See the Order for Legitimation attached as Exhibit A.
d) The minor child(ren) have resided in Georgia for at least six months prior to
filing this Petition for Custody.

2. Venue and Service
The Respondents name is___________________________. Respondent is
the mother of the minor child(ren).
(Check only one: (a),(b),(c), or (d))
. a) The Respondent is a resident of ___________________ County and is subject to the jurisdiction of this Court. (Check (1), (2), (3), or (4))
. 1) The Respondent has consented to the jurisdiction of this Court and
has acknowledged service of process and jurisdiction of this Court.
(Check the box below if you and the mother have an agreement
concerning custody that you want the court to adopt as your order.)
. Attached to this Petition for Custody is an Agreement which the
Respondent and I desire to be incorporated into our final order.
. 2) The Respondent may be served at Respondents residence address
of _______________________________________________________.
. 3) The Respondent may be served at Respondents work address of
________________________________________________________.
. The Respondent works in _____________ County and shall be
served by second original.
. 4) The Respondent is a resident of __________ County but her whereabouts
are unknown to me as shown by my Affidavit of Due Diligence attached
hereto and incorporated by reference, marked Exhibit B. The
Respondent shall be served by publication as is provided by law in the
case of those who cannot be found pursuant to O.C.G.A. 9-11-4(e).
. b) The Respondent is not a resident of the State of Georgia, but I am a
resident of _____________________ County and (check (1), (2), or (3))
. 1) The minor child(ren) have resided with me for at least six months
prior to filing this Petition for Custody as a result of the Respondent
leaving them with me. (Check a or b)
. a) The Respondent formerly lived in Georgia and presently is a
resident of the State of _____________________ .The
Respondent may be served by second original pursuant to the
Long Arm Statute, O.C.G.A. ' 9-10-91(5). Respondent may be
served at Respondents home/work address at _______________
_____________________________________________________.

. b) The Respondent has never resided in the State of Georgia
and currently resides in the State of _______________ . Georgia
does not have personal jurisdiction over the mother, but does have
personal jurisdiction over the issue of custody. The Respondent
shall be personally served by second original as is provided by law
in the case of those who cannot be found within the State pursuant
to O.C.G.A. ' 9-11-4(e)(2) at Respondents home/work address of
_____________________________________________________
_____________________________________________________.
Attached to this petition is Petitioners Order and Motion to Have
Respondent Personally Served by Second Original.
. 2) The Respondents whereabouts are unknown to me as shown by my
Affidavit of Due Diligence attached hereto and incorporated by reference,
marked Exhibit B. The Respondent shall be served by publication as is
provided by law in the case of those who cannot be found within the State
pursuant to O.C.G.A. 9-11-4(e).
. 3) The Respondent has consented to the jurisdiction of this Court and
has acknowledged service of process and jurisdiction of this Court.
(Check the box below if you and Respondent have an agreement
concerning custody that you want the court to adopt as your order.)
. Attached to this Petition for Custody is an Agreement which the
Respondent and I desire to be incorporated into our final order.
. c) The Respondent is a resident of _____________County, and I live in ___________________ County. The Respondent has consented to the jurisdiction of this Court and has acknowledged service of process and jurisdiction of this Court. (Check the box
below if you and Respondent have an agreement concerning custody that you
want the court to adopt as your order.)
. Attached to this Petition for Custody is an Agreement which the
Respondent and I desire to be incorporated into our final order.
. d) I live in ____________________ County. The Respondents whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by reference, marked Exhibit B. The Respondent shall be served by publication as is provided by law in the case of those who cannot be found within the State pursuant to O.C.G.A. 9-11-4(e).

. 3. Request for Custody
I am entitled to custody of the minor child(ren) as follows:
(Check the type of custody you want.)
Physical Custody: Legal Custody:
. Joint physical custody . Joint legal custody
. Sole physical custody . Sole legal custody
. Primary physical custody
(what time period do you want the child(ren) to live with you.) _____________
_____________________________________________________________ .
. Secondary physical custody
(what time period do you want the child(ren) to live with you)______________
_____________________________________________________________ .
. 4. Request for Visitation
I desire to be awarded visitation with the minor children as set forth in Exhibit C.
5. Addresses of the child(ren)
(Please complete)
The minor child(ren) of the parties currently reside at ______________________
with ____________________. During the past five years, the minor child(ren) have lived at the addresses below with the following persons:
Address                   Resided with
___________________________________ _________________________
___________________________________ _________________________
___________________________________ _________________________
___________________________________ _________________________
___________________________________ _________________________

6. Other Custody Actions
(check (a) or (b))
. a) I have not participated as a party, or witness, or in any capacity in any other
litigation concerning the custody of the minor child(ren) in this or any other state. I do not know of any custody proceeding concerning the minor child(ren) which may be pending in a Court in this or any other state.
. b) The minor child(ren) have been involved in the following custody actions.
County/State/Court       Type of custody action    Date Filed    Status
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
7. Other person with rights to the child(ren)
(check (a) or (b))
. a) I know of no other person, not a party to this proceeding, who has physical
custody of the children or claims to have custody or visitation rights with respect to the minor child(ren).
. b) The following persons who are not a party to this proceeding have custody
or visitation rights with the minor child(ren).
Name                   Claim
_______________________________ ________________________________
_______________________________ ________________________________
8. Child Support
I am employed by ______________________ earning __________________ per month.
. a) I am in need of financial assistance from the Respondent for the support of
the minor child(ren).
. b) The Respondent is an able bodied person capable of earning sufficient
money to support the minor child(ren). Respondent is employed by
__________________ earning ________________ per month.
. c) Georgia does not have personal jurisdiction over the mother, so the issue of
child support cannot be decided in this action.

9. Health Insurance
(Check (a), (b) or (c))
. a) Respondent should be ordered to maintain a policy for dental, medical, and
hospitalization insurance for the minor child(ren). Respondent should also be
responsible for any other expenses for the child(ren)s medical or dental treatment, if such expenses are not covered by insurance policies.
. b) Respondent and I should share the costs of dental, medical, and
hospitalization insurance for the minor child(ren).
. c) Georgia does not have personal jurisdiction over the mother, so the issue of
health insurance cannot be decided in this action.

10. Life Insurance
(Check (a) or (b))
. a)Respondent should be ordered to maintain life insurance for the benefit of
the minor child(ren).
. b) Georgia does not have personal jurisdiction over the mother, so the issue of
life insurance cannot be decided in this action.

FOR THESE REASONS, I request
(Check all that apply)
. a) That a Rule Nisi be issued directing the Respondent to show cause why my
prayers should not be granted;
. b) That I be awarded custody as follows:
. 1) Sole legal and physical custody of the minor child(ren)
. 2) Joint legal and joint physical custody of minor child(ren)
. 3) Primary physical and joint legal custody
. 4) Secondary physical and joint legal custody
. 5) Other: _______________________________________
. c) That I be awarded visitation with the minor children as set forth in Exhibit
“C” attached hereto;
. d) Child Support;
. e) Medical, Dental and Hospitalization insurance for the child(ren);
. f) Life Insurance for the benefit of the minor child(ren);
. g) That all issues of child support, health insurance for the minor child(ren),
life insurance for the minor child(ren) be held in abeyance until such time
as this court has personal jurisdiction over Respondent;
. h) Respondent be served with a copy of my Petition for Custody or Visitation;
and
. i) That the attached Agreement for Custody be made the final order of this
Court; and
. j) Any other appropriate relief.

This _________ day of _____________________ ,________ .


Respectfully submitted,


___________________________________
Signature Pro Se
Petitioners Name (print or type): _________________
Petitioners Address: _______________________
_____________________________________
Petitioners telephone number: (___)______________

THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

ACKNOWLEDGMENT OF SERVICE

The undersigned Respondent hereby acknowledges service of the above Petition for Divorce and states that (s)he has received a copy of said Petition, and Respondent hereby waives any and all further notice, service, and issuance of process.

WAIVER OF VENUE RESPONDENTS AFFIDAVIT

I, am the named respondent in the above-styled case, which is a petition for ______________________________.  After being duly sworn, I state the following:

1. I am a resident of _________________________ County in the State of Georgia, and that Petitioner is a resident of _____________________________ County, Georgia.

2. I have been informed that I have a constitutional right to a trial by judge or jury in the county of my residence, and that I expressly waive my right to venue in the County of my residence, and consent to venue and personal jurisdiction in ________________ County Superior Court.

This_____ day of ____________________, ______.

____________________________________________
Respondents Signature (Sign in front of the Notary)
Address:
Telephone:

Sworn to and signed before me, this
______day of __________________, ________.

______________________________
NOTARY PUBLIC
My commission expires:





THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

VERIFICATION

I, _________________________, personally appeared before the undersigned Notary Public, and say under oath that I am the (check one:) _____. Petitioner _____. Respondent in the above-styled action and that the facts stated in the are true and correct.

This the ____________________ day of _____________________, _____.
        [date]                 [month]           [year]

__________________________________________________
(Sign your name here in front of the Notary)
Name (print or type):___________________________________
Address:____________________________________________
___________________________________________________
Telephone number: ( )


Sworn to and subscribed before me, this
_____ day of _________________, _______.


__________________________________
NOTARY PUBLIC

My Commission Expires:
(Notary Seal)










THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

RULE NISI

The foregoing Petition for Divorce having been read and filed, the (check one:) _______. Petitioner ______. Respondent is Ordered to show cause before the Honorable
___________________________________, on the _____ day of _______________, ______ at
_____.m. in Courtroom _____ why the prayers of (check one:) ___. Petitioner __. Respondent should not be granted.

This the ____________________ day of _____________________, _____.
        [date]                 [month]         [year]


____________________________________________________
Deputy Clerk






















THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,            )    CIVIL ACTION
                        )
Petitioner                )    NO:  __________________
vs.                        )
                        )
___________________,            )
                        )
    Defendant                )

CERTIFICATE OF SERVICE

    This certifies that on I sent copies of the following documents: ______________________________________________________________________

to the opposing party by   . first class mail,  . certified mail, . return receipt requested, or  via sheriffs service.

They were addressed as follows:


Dated:

. Plaintiff
. Defendant

____________________________________________
(Check & sign)


Name:
Address:
Phone: (                                                 )










THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,         )   CIVIL ACTION
                  )
Petitioner            )   NO:  __________________
vs.                  )
                  )
___________________,         )
                  )
   Defendant            )


ACKNOWLEDGMENT OF SERVICE

The undersigned Respondent hereby acknowledges service of the above
Petition for _________________________, and states that (s)he has received a copy of said Petition, and Respondent hereby waives any and all further notice, service, and issuance of process.

This _______  day of _______________________, 20_____.


_____________________________________________
Respondents Signature (Sign in front of the Notary)
Respondents Name (Print):
Address:
Telephone Number:

Sworn and subscribed before me,
this_____ day of __________________, 20______.


________________________________
NOTARY PUBLIC

My commission expires: ______________________





VISITATION SCHEDULE (SAMPLE)

VISITATION IS FOR THE PRIMARY BENEFIT OF THE CHILD.
VISITATION SHOULD NOT BE VIEWED AS A PRIVILEGE TO BE EXERCISED AT THE WHIM OF EITHER PARENT, BUT AS A RESPONSIBILITY WHICH SHOULD BE FULFILLED ABSENT NECESSARY CAUSE. The mother is expected to provide access to each child at unscheduled times if requested and if to do so would not unreasonably disrupt prior planned activities of the child or the mother.
GENERAL: The parent with primary custody shall be referred to herein as the mother, and the other parent shall be referred to as the father.
A. INFANT VISITATION (INFANTS TO 18 MONTHS): Because infants are in particular need of receiving continuity and consistency of care by one primary caretaker and the father needs to establish a meaningful bond with the infant, the following visitation guideline should balance the needs of both parent and infant, regardless of whether that infant has older siblings that enjoy extended visitation with the father.
1. WEEKENDS: The father shall be entitled to alternate weekend visitation. Visitation shall begin Friday at 6:00 p.m. and end Saturday at 6:00 p.m.
2. WEEKDAY VISITATION: The father shall be entitled to visitation two evenings per week from 5:00 p.m. to 8:00 p.m. These shall be the same two evenings every week and varied only if it conflicts with the holiday or vacation schedule. If the parties cannot agree, weekday visitation shall be on Monday and Wednesday.
3. HOLIDAYS: In odd-numbered years, the father shall be entitled to spend Martin Luther King Jr. Day, Easter, July 4th, Thanksgiving and Christmas Day with the minor child; and the mother shall be entitled to Memorial Day, Labor Day, Christmas Eve and New Years; in even-numbered years, the schedule shall be reversed. The Holiday schedule shall preempt weekday and weekend visitation schedules. The Court recognizes that this schedule revolves around Christian holidays. If either or both parties celebrate other holidays, then they should be written down, divided and alternated each year.
a. NEW YEARS: Visitation shall begin at 6:00 p.m. New Years Eve (December 31st) and end at 6:00 p.m. on New Years Day (January 1st).
b. MARTIN LUTHER KING JR. DAY: Visitation shall be from 9:00 a.m. until 6:00 p.m. on the official holiday.
c. EASTER: Visitation shall begin at 6:00 p.m. on the Saturday before Easter Sunday and end at 6:00 p.m. Easter Sunday.
d. MOTHER'S DAY: shall be spent with the mother every year with priority over any other visitation schedule; visitation hours shall be from 9:00 a.m. until 6:00 p.m. 
e. MEMORIAL DAY: Visitation shall be from 9:00 a.m. until 6:00 p.m. on the official holiday.
f. FATHER'S DAY: shall be spent with the father every year with priority over any other visitation schedule; visitation hours shall be from 9:00 a.m. until 6:00 p.m. 
g. JULY FOURTH, and LABOR DAY: Visitation shall be from 9:00 a.m. until 6:00 p.m. on the official holiday.
h. THANKSGIVING: Visitation shall begin on the Wednesday before Thanksgiving at 6:00 p.m. and end at 6:00 p.m. Thanksgiving day.
i. CHRISTMAS EVE: Visitation shall begin at noon on Christmas Eve and end at 10:00 a.m. Christmas Day.
j. CHRISTMAS DAY: Visitation shall begin at 10:00 a.m. on Christmas Day and end at noon on December 26th.
k. MOTHER'S BIRTHDAY shall be spent with the mother every year. If the mother is the father and the mother's birthday is on a Sunday, Monday, Tuesday, Wednesday, or Thursday, visitation hours shall be from 5:00 p.m. until 8:00 p.m.. If the mother's birthday is on a Friday or Saturday, visitation shall be from 6:00 p.m. on Friday and end at 6:00 p.m. on Saturday. This visitation will not affect holiday visitation.
l. FATHER'S BIRTHDAY shall be spent with the father every year. If the father is the father and the father's birthday is on a Sunday, Monday, Tuesday, Wednesday, or Thursday, visitation hours shall be from 5:00 p.m. until 8:00 p.m.. If the father's birthday is on a Friday or Saturday, visitation shall be from 6:00 p.m. on Friday and end at 6:00 p.m. on Saturday. This visitation will not affect holiday visitation.
m. CHILD'S BIRTHDAY: The child shall celebrate his or her birthday with the father in odd-numbered years and the mother in even-numbered years. In years that the child spends his or her birthday with the father, if the child's birthday falls on a Sunday, Monday, Tuesday, Wednesday, or Thursday, visitation shall be from 5:00 p.m. until 8:00 p.m.; if the child's birthday falls on a Friday or Saturday, visitation shall be from 6:00 p.m. on Friday and end at 6:00 p.m. on Saturday. The parent holding a birthday party for the child may wish to consider inviting the other parent.
n. ANNUAL VISITATION FOR INFANTS (BIRTH TO 18 MONTHS): Unless otherwise agreed to by the parties, regular weekend and weekday visitation shall be maintained year around.
B. REGULAR VISITATION (AGE 18 MONTHS AND OLDER)
1. WEEKENDS: The father shall be entitled to alternate weekend visitation. Visitation shall begin Friday at 6:00 p.m. and end at 6:00 p.m. on Sunday. It is not the responsibility of the mother to provide food or shelter for the child during the father's visitation.
2. WEEKDAY VISITATION: The father shall have visitation with the school age child one evening per week from the time school releases until 9:00 p.m. If the child is preschool age, visitation shall be from 3:00 p.m. until 8:00 p.m. This shall be the same evening each week and varied only if it conflicts with the holiday or vacation schedule. If the parties cannot agree on the weeknight, it shall be Wednesday evening.
3. HOLIDAYS: In odd-numbered years, the father shall spend Martin Luther King Jr. Day Weekend, Easter, July 4th Weekend, Thanksgiving and the first half of Christmas vacation with the minor child; and the mother shall be entitled to spend Spring break vacation, Memorial Day Weekend, Labor Day Weekend, Halloween, and the second half of Christmas vacation with the minor child. In even-numbered years, the schedule shall be reversed. The Holiday schedule shall preempt weekday and weekend visitation schedules. The Court recognizes that this schedule and the typical school schedule revolves around Christian holidays. If either or both parties celebrate other holidays, then they should be written down, divided and alternated each year.
a. MARTIN LUTHER KING JR. DAY WEEKEND: Visitation shall begin at 6:00 p.m. on Friday and end at 6:00 p.m. Monday.
b. EASTER: Easter often falls within the spring vacation period. In the event that it does not, then the father shall spend Easter with the child during odd-numbered years, and the mother during even-numbered years. If Easter falls within the spring vacation period, then visitation shall be with the parent entitled to spend the spring vacation period with the child. Easter visitation hours shall be from 6:00 p.m. Friday and end at 6:00 p.m. Sunday.
c. MOTHER'S DAY shall be spent with the mother every year. In the event the holiday falls on a weekend that is scheduled to be spent with the other parent, visitation hours shall be from 9:00 a.m. until 6:00 p.m. on Mother's Day. This visitation shall not affect vacation visitation.
d. MEMORIAL DAY WEEKEND: Visitation shall begin at 6:00 p.m. on Friday and end at 6:00 p.m. Monday.
e. FATHER'S DAY shall be spent with the father every year. In the event the holiday falls on a weekend that is scheduled to be spent with the other parent, visitation hours shall be from 9:00 a.m. until 6:00 p.m. on Father's Day. This visitation shall not affect vacation visitation.
f. JULY FOURTH WEEKEND: Visitation shall begin at 6:00 p.m. July 3rd and end at 9:00 a.m. July 5th . If the holiday falls on a weekend, then visitation shall begin at 6:00 p.m. on Friday and end at 9:00 a.m. on Tuesday.
g. LABOR DAY WEEKEND: Visitation shall begin at 6:00 p.m. on Friday and end at 6:00 p.m. Monday.
h. HALLOWEEN/OCTOBER 31ST: If the holiday falls on a weekday, visitation shall be from 3:00 p.m. or when school releases until 9:00 p.m.; If the holiday falls on a Saturday or Sunday, visitation shall be from 9:00 a.m. until 9:00 p.m. 
i. THANKSGIVING: Shall begin on the Wednesday before Thanksgiving at 6:00 p.m. and end at 6:00 p.m. Sunday.
j. CHRISTMAS VACATION: The first half of the Christmas visitation period shall begin at 6:00 p.m. December 18th and end at 10:30 p.m. December 24th. The second half of the Christmas visitation period shall begin 10:30 p.m. December 24th and end at noon January 1st.
k. MOTHER'S BIRTHDAY shall be spent with the mother every year. If the mother is the father and the mother's birthday is on a weekday, visitation hours shall be from 3:00 p.m. or when school releases until 9:00 p.m.. If the mother's birthday is on a weekend that is scheduled to be spent with the other parent, visitation shall be from 9:00 a.m. until 6:00 p.m. on the mother's birthday. This visitation will not affect holiday or vacation visitation.
l. FATHER'S BIRTHDAY shall be spent with the father every year. If the father is the father and the father's birthday is on a weekday, visitation hours shall be from 3:00 p.m. or when school releases until 9:00 p.m.. If the father's birthday is on a weekend that is scheduled to be spent with the other parent, visitation shall be from 9:00 a.m. until 6:00 p.m. on the father's birthday. This visitation will not affect holiday or vacation visitation.
m. CHILD'S BIRTHDAY: The child shall celebrate his or her birthday with the father in odd-numbered years and the mother in even-numbered years. In years that the child spends his or her birthday with the father, if the child's birthday falls on a weekday, visitation shall be from 3:00 p.m. or when school releases until 9:00 p.m.. If the child's birthday falls on a weekend that is scheduled to be with the other parent, visitation shall be from 9:00 a.m. until 6:00 p.m. on the child's birthday. The parent holding a birthday party for the child may wish to consider inviting the other parent. This visitation shall not affect holiday or vacation visitation.
n. ANNUAL VACATION: Visitation shall be as follows:
i.) CHILDREN AGE 18 MONTHS THROUGH SIX YEARS: Three one week periods during the summer to start no sooner than the first full week of June and to end no later than the last full week of August. In the event that written notification is not given as set forth in section v.) Scheduling Annual Vacation, visitation shall be the second full week of June, the second full week of July and the first full week of August. The one week visitation period shall begin 6:00 p.m. Friday and end at 6:00 p.m. the following Friday.
ii.) CHILDREN AGE SIX THROUGH TWELVE YEARS: Four weeks during the summer to start no sooner than one full week after the last day of school and to end no later than one full week before the first day of school. Visitation may be exercised in one three week period plus a one week period or two  week periods that shall not be consecutive. In the event that written notification is not given as set forth in section v.) Scheduling Annual Vacation, visitation shall be the last two full weeks of June and the last two full weeks of July. Parents shall schedule annual vacation visitation within the confines of the school calendar including year around schooling and summer school if applicable.
iii.) CHILDREN 12 AND OLDER: Six weeks during summer vacation to start no sooner than one full week after the last day of school and to end no later than one full week before the first day of school. Visitation may be exercised in three two week periods or two three week periods that shall not be consecutive. In the event that written notification is not given as set forth in section v.) Scheduling Annual Vacation, visitation shall be the last three full weeks of June and the last two full weeks of July and the first full week of August. Parents shall schedule annual vacation visitation within the confines of the school calendar including year around schooling and summer school if applicable.
iv.) CHILDREN IN DIFFERENT AGE GROUPINGS: If there are two or more children whose ages span different age groupings entitling the children to different visitation periods with the father, then the younger children shall get the benefit of the oldest child's visitation schedule. THIS PROVISION DOES NOT APPLY TO INFANTS (AGE BIRTH TO 18 MONTHS). PARENTS OF INFANTS MUST FOLLOW THE INFANT VISITATION SCHEDULE FOR THE INFANT REGARDLESS OF WHETHER OR NOT THE INFANT HAS OLDER SIBLINGS.
v.) SCHEDULING ANNUAL VACATION: The father will have first choice of annual vacation visitation and shall designate in writing his or her choice for annual vacation no later than April 15th of each year. Unless specifically prohibited by Court order, either parent may temporarily remove the child from the State of Florida for purpose of annual visitation for no more than 21 continuous days only if the parent traveling with the child provides the other parent with a written general itinerary and contact phone numbers where the child can be contacted during the vacation.
4. CANCELLATION BY father: Twenty-four hours' notice shall be given by the parent entitled to visitation with the child if visitation will not be exercised for the weekday or weekend. A minimum of one week's notice shall be given by the parent entitled to visitation for a holiday, birthday or special occasion if visitation will not be exercised. A minimum of thirty days' notice shall be given in writing by the parent entitled to visitation for Christmas, annual vacation or a period of one week or greater if visitation will not be exercised. The parent seeking cancellation shall arrange and pay for babysitting, child care or other appropriate supervision of the child for the visitation period, to the extent such expense is due to the cancellation. ANY VISITATION CANCELED BY THE father SHALL BE FORFEITED. 
5. MEDICATION, ILLNESS, OR ACCIDENT: If medication or physical therapy has been prescribed for the child, then both parents shall maintain without fail all medical prescription dosages and/or medical therapy as may be prescribed for the child. The doctor 's name and phone number shall be shared. In the event of a serious illness or accident happening to the child while in the care of one parent, the other parent shall be notified as soon as practicable but no later than three hours after the incident or diagnosis. ILLNESS OF THE CHILD SHALL NOT PREVENT VISITATION WITH THE CHILD, UNLESS THE CHILD IS HOSPITALIZED.
6. COMMUNICATIONS: Provided that each parent has a telephone located in their home, the child shall be entitled to reasonable telephone communication with both parents. Each parent shall immediately deliver to the child all letters, cards, correspondence, gifts, toys, clothes and other items sent to that child by the other parent. Neither parent shall withhold, return, destroy, give away, sell or otherwise dispose of any such items. If either parent plans a vacation or trip out of town with the child for three days or more, that parent must provide the other parent with a general itinerary, a phone number where the child can be reached and the dates of departure and return.
7. SCHEDULED EVENTS: Both parents shall be entitled and are encouraged to attend and participate in special activities in which the child is engaged, such as school programs, graduation, sports, recitals and other extracurricular activities. In the event that the child has extracurricular activity, then the parent that is caring for the child when the activity is scheduled should assure the child's attendance. The child's wishes shall be taken into account. Each parent shall advise the other parent of extracurricular activities in which the child participates within twenty-four hours of notification of an activity or event. Each parent shall make an effort not to schedule activities for the child during the other parent's time with the child.
8. TRANSPORTATION: The father shall pick up the child for visitation and drop the child off after visitation. A parent's spouse or grandparent may substitute for the parent in transporting the child to and from visitation, any other third party shall be agreed to by both parents.
9. WAITING: A child shall be picked up or delivered within thirty (30) minutes of the scheduled time of exchange. If the father is more than thirty minutes late and creates a hardship as a result, visitation shall be forfeited for that visitation period.
10. ADEQUATE AND CLEAN CLOTHING FOR VISITATION shall be supplied by the mother and all these clothes shall be returned in the same clean condition by the father.






THE SUPERIOR COURT FOR THE COUNTY OF __________________
STATE OF GEORGIA

_____________________,         )   CIVIL ACTION
                  )
Petitioner            )   NO:  __________________
vs.                  )
                  )
___________________,         )
                  )
   Defendant            )

AFFIDAVIT OF PUBLICATION AND DILIGENT SEARCH
WHERE RESPONDENTS ADDRESS IS UNKNOWN

Comes now the Petitioner who states on oath that diligent search has been made and that the Respondent cannot be found. The last known address and telephone number of Respondent is ___________________________________.

The Petitioner has made the following efforts to find the Respondent: (Check all that apply)

. Checking with Respondents friends and relatives
Name(s), address(es)and telephone number(s) of everyone that you contacted:
 
. Contacting Respondents former Landlord
Name, address and telephone number of former landlord:
 
. Checking telephone information and directories
. Attempting to have Respondent served at his/her last known address which is listed above
. Attempting to have Respondent served at his/her last known employer
Name and address of last known employer:
 
. Other

-----------------------------------------------------------
Signature (Sign in front of the Notary)

Sworn to and subscribed before me,
this day of __________________________ , ________________.

NOTARY PUBLIC    ___________________      
My Commission expires: _____________________________

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