$49.95

Add to cart

Georgia ________________. NOTARY PUBLIC ___________________ My Commission expires: known employer: . Other ----------------------------------------------------------Signature (Sign in front of the Notary) Sworn to and subscribed before me, this day of __________________________ , nd 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, address(es)and telephone number(s) of everyone that you contacted: . Contacting Respondent's former Landlord Name, address and telephone number of former landlord: . Checking telephone information aspondent is ___________________________________. The Petitioner has made the following efforts to find the Respondent: (Check all that apply) . Checking with Respondent's friends and relatives Name(s)ESPONDENT'S 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 Re_____ STATE OF GEORGIA _____________________, Petitioner vs. ___________________, Defendant ) ) ) ) ) ) ) ) CIVIL ACTION NO: __________________ AFFIDAVIT OF PUBLICATION AND DILIGENT SEARCH WHERE RAND 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 _____________0) 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 bstitute 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 (3ild 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 sut 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 chen 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 parenecial 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, thl 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 spaway, 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 genera 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 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 shaller 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 y 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 othICATION, 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 therapld 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. MEDentitled 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, chibe 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 ther: 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 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 fa 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. 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 eachIS 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 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. THvisitation 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 whoseion 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 t 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 sectl 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 firswo 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 schooperiod or two 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 tt 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 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 star 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 fulli.) 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 theing 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: s 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 holdmother 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 releasethe 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 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 ct 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 fromIf 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 affeDAY 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.. n 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 BIRTH00 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 begiIf 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:itation 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: . 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 visnt 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 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 speDAY 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., 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 In the event that it does not, then the father shall spend Easter with the child during oddnumbered years, and the mother during even-numbered years. If Easter falls within the spring vacation periodalternated 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.urt 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 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 Cod, 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 ule. 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 Weeken 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 schedfood 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 untilEEKENDS: 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 OR 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. W 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 Fe 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, 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 thil 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. 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. unthe 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 BIRTHDAYith 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 ton 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 won 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 noevery 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. ; 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 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 schedulecember 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 shallan 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 (Des; 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 Christitled 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 Yearly 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 enti 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 on 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 endprimary 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 thater, 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 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 moth 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, 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_________________________ Respondent`s Signature (Sign in front of the Notary) Respondent`s Name (Print): Address: Telephone Number: Sworn and subscribed before me, this_____ day of __________________received a copy of said Petition, and Respondent hereby waives any and all further notice, service, and issuance of process. This _______ day of _______________________, 20_____. ____________________) CIVIL ACTION NO: __________________ ACKNOWLEDGMENT OF SERVICE The undersigned Respondent hereby acknowledges service of the above Petition for _________________________, and states that (s)he has heck & sign) Name: Address: Phone: ( ) THE SUPERIOR COURT FOR THE COUNTY OF __________________ STATE OF GEORGIA _____________________, Petitioner vs. ___________________, Defendant ) ) ) ) ) ) ) ia sheriff's service. . first class mail, . certified mail, . return receipt requested, They were addressed as follows: Dated: . Plaintiff . Defendant ____________________________________________ (Crtifies that on I sent copies of the following documents: __________________________ ______________________________________________________________________ ______________ to the opposing party by or vOUNTY OF __________________ STATE OF GEORGIA _____________________, Petitioner vs. ___________________, Defendant ) ) ) ) ) ) ) ) CIVIL ACTION NO: __________________ CERTIFICATE OF SERVICE This ceot be granted. This the ____________________ day of _____________________, _____. [date] [month] [year] ____________________________________________________ Deputy Clerk THE SUPERIOR COURT FOR THE Cre the Honorable ___________________________________, on the _____ day of _______________, ______ at _____.m. in Courtroom _____ why the prayers of (check one:) ___. Petitioner __. Respondent should n) ) RULE NISI CIVIL ACTION NO: __________________ The foregoing Petition for Divorce having been read and filed, the (check one:) _______. Petitioner ______. Respondent is Ordered to show cause befoUBLIC My Commission Expires: (Notary Seal) THE SUPERIOR COURT FOR THE COUNTY OF __________________ STATE OF GEORGIA _____________________, Petitioner vs. ___________________, Defendant ) ) ) ) ) ) ___________________________________________________ Telephone number: ( ) Sworn to and subscribed before me, this _____ day of _________________, _______. __________________________________ NOTARY P____________________________________________ (Sign your name here in front of the Notary) Name (print or type):___________________________________ Address:____________________________________________ oner _____. Respondent in the above-styled action and that the facts stated in the are true and correct. This the ____________________ day of _____________________, _____. [date] [month] [year] ______) CIVIL ACTION NO: __________________ VERIFICATION I, _________________________, personally appeared before the undersigned Notary Public, and say under oath that I am the (check one:) _____. Petiti___ NOTARY PUBLIC My commission expires: THE SUPERIOR COURT FOR THE COUNTY OF __________________ STATE OF GEORGIA _____________________, Petitioner vs. ___________________, Defendant ) ) ) ) ) ) ) ____________________ Respondent's Signature (Sign in front of the Notary) Address: Telephone: Sworn to and signed before me, this ______day of __________________, ________. ___________________________o venue in the County of my residence, and consent to venue and personal jurisdiction in ________________ County Superior Court. This_____ day 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 tr ______________________________. 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 __espondent hereby waives any and all further notice, service, and issuance of process. WAIVER OF VENUE RESPONDENT`S AFFIDAVIT I, am the named respondent in the above-styled case, which is a petition fo__________________ 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 R (___)______________ THE SUPERIOR COURT FOR THE COUNTY OF __________________ STATE OF GEORGIA _____________________, Petitioner vs. ___________________, Defendant ) ) ) ) ) ) ) ) CIVIL ACTION NO: ______________ Signature Pro Se Petitioner's Name (print or type): _________________ Petitioner's Address: _______________________ _____________________________________ Petitioner's telephone number:ement for Custody be made the final order of this Court; and . j) Any other appropriate relief. This _________ day of _____________________ ,________ . Respectfully submitted, _____________________eld 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 Agre 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 h__________________ . 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 theld(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: _____________________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 chihild(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) er, 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 curance 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 mothspitalization 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 ins 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 hoof 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_____ 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 (ren). Name Claim _______________________________ ________________________________ _______________________________ ________________________________ 8. Child Support I am employed by _________________aims 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________________________ 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 cl_____________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________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 ___________________________________ 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 _______________ ___________________________________ _________________________ 6. Other Custody Actions (check (a) or (b)) . a) I have not participated as a party, or witness, or in any capacity in any__ _________________________ ___________________________________ _________________________ ___________________________________ _________________________ ___________________________________ ________________ with ____________________. During the past five years, the minor child(ren) have lived at the addresses below with the following persons: Address Resided with _________________________________re 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 ________________condary physical custody (what time period do you want the child(ren) to live with you)______________ _____________________________________________________________ . . 4. Request for Visitation I desistody . Sole legal custody . Primary physical custody (what time period do you want the child(ren) to live with you.) _____________ _____________________________________________________________ . . Sedy 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 cu, 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 Custointo our final order. . d) I live in ____________________ County. The Respondent's whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by referenceent 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 _________________ 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 Respondached 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 __s 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.) . Atty 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 hariginal. . 2) The Respondent's 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 b_____________________________________ _____________________________________________________. Attached to this petition is Petitioner's Order and Motion to Have Respondent Personally Served by Second Oally 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 Respondent's home/work address of ________________tly 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 personent may be served at Respondent's home/work address at _______________ _____________________________________________________. . b) The Respondent has never resided in the State of Georgia and currenrly 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). RespondThe 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 formeho 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) 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 w_____________________. . 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 rved at Respondent's residence address of _______________________________________________________. . 3) The Respondent may be served at Respondent's work address of ___________________________________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 sented 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 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 conseat least six months prior to filing this Petition for Custody. 2. Venue and Service The Respondent's name is___________________________. Respondent is the mother of the minor child(ren). (Check only______________, 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 ________ 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. __ Birth Resides with Mother/Father/other ____________________ __ __________ ____________________ ____________________ __ __________ ____________________ ____________________ __ __________ ____________ 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 ofIA _____________________, Petitioner vs. ___________________, Defendant ) ) ) ) ) ) ) ) CIVIL ACTION NO: __________________ PETITION FOR CUSTODY OR VISITATION I, ___________________, representingr case is set for a final hearing. You will need to prepare to present your case before the judge before you attend any hearing. THE SUPERIOR COURT FOR THE COUNTY OF __________________ STATE OF GEORGied 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 yousigned 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 notifon 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 e 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 petiti make two (2) copies of all of your documents. Attach one (1) original Summons to your original documents. Attach one (1) original Summons and Sheriff's Entry of Service to one of your copies. Give therty 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 should00* 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 Poviled). 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.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 fl Affidavit 3. Sheriff's 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 he 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 Financiaaries 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 te 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 librer and the opposing party's 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 writRONT 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 Petitiond 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 Flephone number in the space provided. STEP 2: MOTHER'S 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 detaile 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 tee 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 youblication, 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 havpersonal 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 pucation, 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 alth 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 publi 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 heand 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. Pleaseneed 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 mother's employer rson, 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 (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 pethan you or the mother, then you should check box (b) and write that person's name in the space provided. Check box (b) if someone other than you or the other party has any legal rights to your childy 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 ith 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 theox (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 wg 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 bthe 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 livinr 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 ox (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 youal- 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 bnts 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 legld 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 paresical-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 chi 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 phy 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 withcounty 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 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 rve" 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 willmust 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 SeOX 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 her 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 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 Motpetition. 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. Bt 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 ion". If you know the county or city where she lives, you must publish the notice in that city/county's legal newspaper as well as in your county's legal newspaper. Check box (3) if the mother 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 publicatr 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 noidavit, 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 foally served by second original. You must complete a "Motion to Have Respondent Personally Served by Second Original" and attach an Affidavit Where Respondent is Nonresident. Then take your Motion, Affthe 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 personves. 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 ves. 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 liresident 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 lifor 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 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 r 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 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 foing _ County, and you do not know where she lives; but, you do know where she works. Write in the space provided the mother's work address. If her work address is not in Filing _ County then check thethe 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 _ Filparagraph 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 ing 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 espondent 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 receivn 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 Rin 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 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 s 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 ind 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 paperr legitimation case where indicated. Write the judge's 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, ad(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 youeak 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 chillives. 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 spof 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 n 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 or custody Fill in your name as the Petitioner and the mother's 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 whe a copy of your petition and other required documents . Step 7. Prepare for Hearing HERE ARE DETAILED INSTRUCTIONS ON HOW TO APPLY FOR CUSTODY: STEP 1: Complete the attached sample form for petition fification Form . Step 3. Attach other documents to your petition . Step 4. Pay the filing fee to the Clerk of Court . Step 5. File the forms with the Clerk of Court . Step 6. Serve the other side with the mother to serve her with your papers. You think you will have difficulty obtaining documents from the mother. . Step 1. Complete the Petition for Custody and Visitation . Step 2. Complete the Ver 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 locater 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 attorneyn you must file a Petition for Custody in the Superior Court in the county of the parent who has legal custody of that child. (Please note the mother is usually the other side in a father's request fo take. INSTRUCTIONS FOR FILING A PETITION FOR CUSTODY OR VISITATION If you are the father of a child and you have an order from a judge legitimating your child and you want custody of that child, theher court order concerning custody of your child(ren). A petition for custody can be complicated. Please consult an attorney if you have questions about the procedure or what action is best for you toitimation; and 3. The child(ren) have lived in Georgia for at least six months before you file this petition. 4. You want physical or legal custody or visitation with the child(ren); 5. There is no otFATHER'S PETITION FOR CUSTODY OR VISITATION AFTER LEGITIMATION The forms and instructions in this Packet can be used if: 1. You are the father of the minor child(ren); and 2. You have an Order for Leg Georgia