PETITION FOR LEGITIMATION AND CUSTODY/VISITATION

This is the form packet for fathers who want to file their own legitimation in Gwinnett County and who also want to ask for visitation or custody of their minor children.  If you do not want to ask for visitation or custody, you should not use this form packet. Instead, use the version called Petition for Legitimation Only.

Before you print the following documents you should carefully review the Instructions for Legitimation with Custody/Visitation.

Below are the documents you must file if you want to ask for legitimation and custody or visitation and the case may be contested (that is, you do not have a signed Mother's Consent to Legitimation).

• Domestic Relations Case Filing Information Form (LINK)
• Petition for Legitimation and Custody/Visitation (PDF)
• Verification (PDF)
• Summons (LINK)
• Domestic Relations Financial Affidavit (PDF)
• Child Support Worksheets (LINK)
• Permanent Parenting Plan (LINK)
• Standing Order: Child Support and Permanent Parenting Plans (LINK)
• Parenting Workshop Order (LINK)
• Sheriff's Entry of Service (3-part carbon copy)

OR

Acknowledgment of Service (PDF)

OR

Publication paperwork, as follows:

       Affidavit of Diligent Search (PDF)

       Notice of Publication (LINK)

       Order of Publication, Return of Service, Order Perfecting Service (LINK)

• Rule Nisi (PDF) (only if you want a hearing on temporary issues)
• Affidavit of Indigence and Eligibility to Proceed In Forma Pauperis (PDF) (only if you are indigent and cannot afford to pay the filing & service fees)
• Custody Election (PDF) (only if your child is 14 years or older and desires to live with you and there has not been a previous custody order)
• Custody Election - Prior Order (PDF) (only if your child is 14 years or older and desires to live with you and there has been a previous custody order)

Below are the documents you must file with the Petition if the legitimation case is uncontested (that is, you have a signed Mother's Consent to Legitimation).

Domestic Relations Case Filing Information Form (LINK)

Petition for Legitimation and Custody/Visitation (PDF)

Verification (PDF)

Summons (LINK)

Domestic Relations Financial Affidavit (PDF)

Child Support Worksheets (LINK)

Permanent Parenting Plan (LINK)

Standing Order: Child Support and Permanent Parenting Plans (LINK)

Parenting Workshop Order (LINK)

Acknowledgment of Service and Consent to Jurisdiction and Venue (PDF)

Rule Nisi (PDF) (only if you want a hearing on temporary issues, which is unlikely since you have a signed Mother's Consent to Legitimation)

Affidavit of Indigence and Eligibility to Proceed In Forma Pauperis (PDF) (only if you are indigent and cannot afford to pay the filing & service fees)

Custody Election (PDF) (only if your child is 14 years or older and desires to live with you and there has not been a previous custody order)

Custody Election - Prior Order (PDF) (only if your child is 14 years or older and desires to live with you and there has been a previous custody order)

Mother's Consent to Legitimation (PDF)

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