PETITION FOR MODIFICATION OF CUSTODY AND CHILD SUPPORT

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SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

,

Civil Action

Petitioner,

v. Case Number

,

Respondent.

PETITION FOR MODIFICATION OF CUSTODY

AND CHILD SUPPORT

My name is ______________________________ and I am representing myself in this

modification petition. In support of my case, I state the following:

1. Jurisdiction and Venue:

[Check only one of the following, either (a), (b) or (c).]

__(a) The Respondent is a resident of Fulton County, Georgia and is subject to the

jurisdiction of this Court.

__(b) The Respondent is a resident of ____________________County, Georgia, but I

live in Fulton County. The Respondent has acknowledged service of process and

consented to the jurisdiction and venue of this Court.

__(c) The Respondent is not a resident of Georgia, but this Court has exclusive,

continuing jurisdiction to modify custody because a Georgia court has made a

prior custody determination, and the children or a party to that case lives in Fulton,

County, Georgia, OCGA § 19-9-62(a).

2. Service of Process: The Respondent shall be served as provided under OCGA § 9-11-4, in

the following manner:

[Check only one, either (a) or (b).]

__(a) The Respondent may be served by the Sheriff’s Department at the Respondent’s

__ home / __work address, which is:

______________________________

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__(b) The Respondent has acknowledged service of process. I am filing the

Acknowledgment of Service (which has been signed by the Respondent) with this

Petition.

__ (c) The Respondent’s whereabouts are unknown to me. I am filing my Affidavit of

Diligent Search with this Petition. The Respondent shall be served by publication

as provided under OCGA § 9-11-4(e)(1) for those who cannot be found within the

State of Georgia. To the best of my knowledge, the Respondent’s last known

address is:

______________________________

3. Minor Children:

The Respondent and I are the parents of _____ minor children, listed below:

Name of Child

Male / Female

Year of Birth

4. Children’s Current Residence:

The minor children currently live at _____________________________________

in ____________________ County, ____________________ with the __ Petitioner

__Respondent __other:______________________________. The children have lived at

this address since approximately ____________________.

5. Children’s Past Residences:

During the past five years, the minor children have lived at the following

addresses:

Dates at Address Address

____________________ ________________________________________

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6. Adults With Whom Children Have Lived:

During the past five years, the children have lived with the following adults:

Name of Person Person’s Current Address

____________________ ________________________________________

7. Prior Custody Determination: On ______________________________, the

____________________ Court of ____________________, County in the State of

____________________, Civil Action File Number ____________________

made a custody determination regarding custody of the minor children.

.

8. Other Proceedings That Could Affect Custody of Visitation in This Case:

[Check only one of these , either (a) or (b).]

__ (a) I do not have any information of any proceeding that could affect this case,

including proceedings for enforcement and proceedings relating to family

violence, protective orders, termination of parental rights, and adoptions in this

or any other state.

__ (b) I have information about a proceeding that could affect this case, including

proceedings for enforcement and proceedings relating to family violence,

protective orders, termination of parental rights, or adoptions in this or another

state. The court, the case number and the nature of the proceeding are as

follows:

____________________________________________________________

_____________________________________________________________

9. Others Claiming Custody or Visitation:

[Check only one of these, either (a) or (b).]

__ (a) I do not know of any person who is not a party to this case, who has

physical custody of the minor children or who claims to have custody or

visitation rights with respect to the children.

__ (b) I know of someone who is not a party to this case who has physical custody

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of the minor children or who claims to have custody or visitation right with

respect to the children. The names and present addresses of the person(s) are:

____________________________________________________________

____________________________________________________________.

10. Since the date of the prior custody determination, there has been a change in

circumstances which materially affects the welfare of the minor children, which

is described as follows:

____________________________________________________________

___________________________________________________________.

11. I am a fit and capable parent, and I believe that the following custody arrangement is

in the best interests of the children:

[Check only one of the following, either (a), (b) or (c).]

__ (a) I should have sole legal and sole physical custody.

__ (b) The Respondent and I should share joint legal custody and I should have

primary physical custody.

__ (c) Other:______________________________________________________

____________________________________________________________

____________________________________________________________.

12. My gross monthly income is _____________The Respondent’s gross monthly

income is $ ________________________.

13. Current Child Support Order:

__ (a) I am currently under an order to pay child support in the amount of

$_________ per ______ and I want the child support order to be terminated.

__ (b) I am currently under an order to pay child support in the amount of $_____

per _____ and I request that the child support stay the same.

__ (c) I am currently under an order to pay child support in the amount of $____ per

______ and I request that the child support be lowered.

__ (d) I am not under a court order to pay child support and I am requesting child

support from the Respondent.

__ (e) The Respondent is under an order to pay child support and I want the child

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support to be increased.

__ (f) Other:_________________________________________________.

THEREFORE, I request the following:

[Check all that apply.]

__ (a) That I be awarded sole legal and physical custody of the minor children;

__ (b) That I be awarded joint legal custody and sole physical custody of the minor

children;

__ (c) Other:____________________________________________________

__________________________________________________________________

_________________________________________________________________;

__ (c) That the prior child support order be modified as requested;

__ (e) That a Rule Nisi be scheduled by the Court to decide on the relief I have

requested;

__ (f) That the Respondent be required to pay all costs of this action; and,

(g) That the Court order any and all other relief that the Court finds appropriate.

Dated:

Petitioner, Pro se (Signature)

Name:

Address:_________________________________

________________________________________

Email: ______________________________

IF YOU DO NOT HAVE AN EMAIL ADDRESS, FILL OUT A

CERTIFICATE OF NO EMAIL ADDRESS

Telephone No.: ________________________________

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SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

FAMILY DIVISION

,

Petitioner,

v.

,

Respondent.

Civil Action

Case Number

VERIFICATION

I, ___________________________, personally appeared before the undersigned notary

public and, being duly sworn, state that the facts stated in the foregoing ___________________

are true and correct.

This ___ day of ______________________, ______(year)

Petitioner, Pro se (Signature)

Name:

Email: ______________________________

IF YOU DO NOT HAVE AN EMAIL ADDRESS, FILL OUT A

CERTIFICATE OF NO EMAIL ADDRESS

Telephone No.: ________________________________

Sworn to before me this

___ day of _____________, 20__.

___________________________

Notary Public