On September 09, 2022 a
Complaint,Petition
was filed
involving a dispute between
Ortiz Matute , Delibin Yaneth,
and
Ramos, Wilmer Yovany,
for Other Domestic Relations
in the District Court of DeKalb County.
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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
Delibin Yaneth ORTIZ MATUTE,
Plaintiff,
CIVIL ACTION FILE NUMBER:
v.
Wilmer Yovany RAMOS,
Defendant.
PETITION FOR SOLE CUSTODY
COMES NOW the Plaintiff, Delibin Yaneth ORTIZ MATUTE, and files this
Petition for Sole Custody pursuant to O.C.G.A. § 19-7-1(b) and § 19-9-61. In support of her
case, she shows the following:
1. The Defendant is not a resident of Georgia, but this Court has exclusive,
continuing jurisdiction to make a custody determination because this state is the
home state of the child on the date of the commencement of these proceedings,
O.C.G.A. § 19-9-62(a)(1).
2. Defendant is a resident of Honduras. The Defendant has signed an
acknowledgement of service in this case.
3. Plaintiff is a resident of DeKalb County.
4. Defendant is the father of Plaintiff’s twin sons, Jose Alberto RAMOS ORTIZ,
male, and Jose Fernando RAMOS ORTIZ, male, born on December 31, 2004.
The parties were never married. There are no custody orders in place regarding
the children.
5. The minor children reside with the Plaintiff.
6. Plaintiff has never participated as a party or a witness or in any other capacity in
any other litigation concerning the custody of or visitation with the minor
children in this or any other state or country.
7. Plaintiff has no 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 or country.
8. The Plaintiff knows of no other person, not a party to this proceeding, who has
physical custody of the minor child or claims to have custody or visitation rights
with respect to her.
9. Plaintiff and Defendant resided together for approximately 12 years. They
separated in 2004. The minor children entered the United States in 2021. He has
not had meaningful communication with the minor children since 2004.
10. The Defendant has not provided financial support for the minor children since
2004. The Defendant has not provided food, clothing, shelter, and other
necessaries for approximately the last 17 years.
11. Plaintiff is a fit and capable parent and otherwise qualified to have sole legal and
physical custody of the children and act in the best interest of the children.
WHEREFORE, the Plaintiff requests relief as follows:
a) That this Court enter an order granting Plaintiff sole legal and physical custody of
the minor children of the parties;
b) That a Rule Nisi be set to grant the relief sought; and
c) That the Court order any and all other relief that the Court finds appropriate.
Respectfully submitted this _26____ day of ____August_________, 2022.
__/s/Joy Rich_____________________
Joy Rich
GA Bar #253418
Smith Rich Law
3904 North Druid Hills Rd. #121
Decatur, GA 30033
(404) 600-1395
Document Filed Date
September 09, 2022
Case Filing Date
September 09, 2022
Category
Other Domestic Relations
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IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA Delibin Yaneth ORTIZ MATUTE, Plaintiff, CIVIL ACTION FILE NUMBER: v. Wilmer Yovany RAMOS, Defendant. PETITION FOR SOLE CUSTODY COMES NOW the Plaintiff, Delibin Yaneth ORTIZ MATUTE, and files this Petition for Sole Custody pursuant to O.C.G.A. § 19-7-1(b) and § 19-9-61. In support of her case, she shows the following: 1. The Defendant is not a resident of Georgia, but this Court has exclusive, continuing jurisdiction to make a custody determination because this state is the home state of the child on the date of the commencement of these proceedings, O.C.G.A. § 19-9-62(a)(1). 2. Defendant is a resident of Honduras. The Defendant has signed an acknowledgement of service in this case. 3. Plaintiff is a resident of DeKalb County. 4. Defendant is the father of Plaintiff’s twin sons, Jose Alberto RAMOS ORTIZ, male, and Jose Fernando RAMOS ORTIZ, male, born on December 31, 2004. The parties were never married. There are no custody orders in place regarding the children. 5. The minor children reside with the Plaintiff. 6. Plaintiff has never participated as a party or a witness or in any other capacity in any other litigation concerning the custody of or visitation with the minor children in this or any other state or country. 7. Plaintiff has no 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 or country. 8. The Plaintiff knows of no other person, not a party to this proceeding, who has physical custody of the minor child or claims to have custody or visitation rights with respect to her. 9. Plaintiff and Defendant resided together for approximately 12 years. They separated in 2004. The minor children entered the United States in 2021. He has not had meaningful communication with the minor children since 2004. 10. The Defendant has not provided financial support for the minor children since 2004. The Defendant has not provided food, clothing, shelter, and other necessaries for approximately the last 17 years. 11. Plaintiff is a fit and capable parent and otherwise qualified to have sole legal and physical custody of the children and act in the best interest of the children. WHEREFORE, the Plaintiff requests relief as follows: a) That this Court enter an order granting Plaintiff sole legal and physical custody of the minor children of the parties; b) That a Rule Nisi be set to grant the relief sought; and c) That the Court order any and all other relief that the Court finds appropriate. Respectfully submitted this _26____ day of ____August_________, 2022. __/s/Joy Rich_____________________ Joy Rich GA Bar #253418 Smith Rich Law 3904 North Druid Hills Rd. #121 Decatur, GA 30033 (404) 600-1395