IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Petitioner: Civil Action File No:______________ and Judge’s: _______________________ Respondent: PETITION FOR LEGITIMATION, CUSTODY AND/ OR VISITATION The Petition of __________________________________________respectfully shows to the Court the following facts: 1. Petitioner shows that he is a resident of ___________ County, Georgia and that he is the father of child(ren) born out of wedlock with the following names and birth dates: Full Name Birth Date __________________ _________________ ____________________ __________________ _________________ ____________________ __________________ _________________ ____________________ __________________ _________________ ____________________ __________________ 2. Male/Female _________________ ____________________ (Choose A or B.) □A) The Respondent/Mother of said child(ren), _____________________________ is a resident of __________________ County, Georgia, and is subject to the jurisdiction of this Court. (Choose one) □ 1) The Respondent/Mother may be personally served at her residence of ___________ _______________________________________________________________________ OR □ 2) The Respondent/Mother has signed an Acknowledgment of Service form. The signed and notarized form is attached as Exhibit “____”. OR □ 3) The Respondent/Mother resides in a different County/State from the Petitioner, but has waived venue/jurisdiction. The signed and notarized form is attached as Exhibit “_____”. □ B) The whereabouts of the mother are unknown and she must be served by publication as is provided by law in such situations. An Affidavit of Diligent Search is attached hereto as Exhibit “_____”. Petition for Legitimation, Custody and Visitation ©2006 Fulton County Superior Court Family Division Page 1 of 3 American LegalNet, Inc. www.FormsWorkflow.com 3. Choose one. □ The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said child(ren) and to the physical and legal custody being awarded to Plaintiff. Her consent is attached hereto as Exhibit ____ “ OR □ The Respondent/Mother of said child(ren) has consented in writing to the legitimation of said child(ren) and to visitation by the Plaintiff. OR □ The Respondent/Mother of said child(ren) is deceased, having died on ____________ . A copy of her death certificate is attached hereto as Exhibit “____”. OR □ There is no other legal parent of this child(ren), and the child(ren) has/have no legal guardian. OR □ None of the above. __________________________________________________________ 4.____Petitioner desires that the surname of said child(ren) be changed to ___________________ , that said child(ren)'s name(s) be changed on the birth record of the child(ren), and that Petitioner's name be entered as father on the birth record of the child(ren). Petitioner further requests that the Department of Vital Statistics be ordered and directed to amend the birth records of said child(ren) and to reissue a birth certificate showing Petitioner,____________________________________, as father and changing the child(ren)'s last name(s) to Petitioner's last name: _______________ . 5.____ Petitioner shows that he has had physical custody of the minor child(ren) since (fill in the date) __________________. The child(ren) came to live with him because ___________________ __________________________________________________________________________. Petitioner is a fit and proper person to have legal custody of the minor child(ren) . It is in the best interest of the minor child(ren) to have their legal custody placed with Petitioner. Petitioner is entitled to the physical and legal custody of said child(ren). 6.____ In the alternative, Petitioner shows that it is in the best interest of the minor child(ren) that he be awarded visitation with them. 7._____Petitioner requests that the issue of child support be considered and decided by this Court. WHEREFORE, Petitioner prays: a) That the Court enter an Order legitimating the child(ren) named in the Petition, causing the surname(s) of said child(ren) to be changed to _______________, and that the records of birth of said child(ren) be changed to show the name of the father as Petitioner, to wit, _________________, so henceforth said child(ren) will be the recognized and legitimate child(ren) of the Petitioner. b) That Petitioner be granted legal and physical custody of the child(ren); and Petition for Legitimation, Custody and/or Visitation ©2006 Fulton County Superior Court Family Division Page 3 of 2 American LegalNet, Inc. www.FormsWorkflow.com c) In the alternative, that Petitioner be granted visitation with the minor child(ren); d) That the issue of child support be determined by this Court; e) That a Rule Nisi issue directing the Respondent to show cause why Petitioner’s prayers should not be granted; f) □ That Respondent be served with a copy of this Petition and Court Order. OR □ Mother/Respondent has signed an Acknowledgment of Service. g) That Petitioner be granted such other and further relief as the Court deems proper. This the ____________________ day of ____________________ , _______. [date] [month] [year] Pro Se Petitioner’s name (print or type): ___________________ (Sign your name here) Petitioner’s address: ____________________________ Petitioner’s telephone number: ( Petition for Legitimation, Custody and/or Visitation ©2006 Fulton County Superior Court Family Division ) Page 3 of 3 American LegalNet, Inc. www.FormsWorkflow.com