Complaint,Petition: In Re: Ruth Banegas

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                                IN THE SUPERIOR COURT OF DEKALB COUNTY
                                                             STATE OF GEORGIA

                  RUTH BANEGAS                                          )
                  Petitioner                                            )        Civil Action File
                                                                        )        File No.    20FM8162
                  V.                                                    )
                                                                        )
                  ERICK MARTINEZ                                        )
                  Respondent                                            )
                                                                        )

                   PETITION FOR DECLARATORY JUDGMENT AND MOTION FOR NAME CHANGE

                           COMES NOW, Petitioner, RUTH BANEGAS, and files this her Petition for Declaratory

                  Judgment and Motion for Name Change and shows this Honorable Court as follows:

                                                                           1.
                           Petitioner, RUTH BANEGAS is the biological mother of ANITA MARISOL MARTINEZ
                  BANEGAS, female, born 2017.
                                                                           2.
                           Respondent,      ERICK      MATINEZ         is  the   biological    mother    of   ANITA      MARISOL
                  MARTINEZ BANEGAS, female, born in 2017.
                                                                           3.
                           Petitioner and minor child have been residents of DeKalb County, Georgia for at least six
                  (6) months prior to filing this action and reside at 1421 North Cliff Valley Way. 30319.
                                                                           4.
                           The New York State Department of Health, Bureau of Vital Records and the Commissioner
                  for the New York State Department of Health are entitled to notice of this petition and may be
                  served with a copy of the same at Corning Tower, Empire State Plaza, Albany, NY 12237.
                                                                           5.
                           Jurisdiction and venue are proper in this Court.
                                                                           6.
                           Petitioner and father of the child, Erick Martinez, were never married.
                                                                           7.
                           Father, Erick Martinez, has not legitimated the children.
                                                 Petition for Declaratory Judgement & Motion for Name Change
                                                                Ruth Banegas v. Erick Martinez
                                                               Superior Court of DeKalb County
                                                             Civil Action File Number: 20FM8162
                                                                        Page   |1
                                                                           8.
                           The   Father’s   whereabouts      is  unknown     therefore   Petitioner    completed     an  Affidavit   of
                  Diligent Search attached herein as Exhibit “A”.


                                                                           9.
                           Pursuant    to O.C.G.A     §19-7-25    only   the mother    of  the  children  born   out  of  wedlock    is
                  entitled  to  custody   of  the  children,  unless   the  father  legitimated    the  children   and  mother    may
                  exercise all parental power over the children.
                                                                           10.
                           Mother respectfully requests that the minor’s child name be changed in the birth certificate
                  (Exhibit   “A”)   from   ANITA     MARISOL        MARTINEZ         BANEGAS        to CAMILA       ALEXANDRA
                  BANEGAS, for personal reasons and not for illegal or fraudulent purposes or for the purpose of
                  depriving creditors, etc.


                  Whereas Petitioner prays:
                       a)   That process issue according to law;
                       b)   That  Respondent     be  served   with  a  copy  of  this Petition   for Declaratory     Judgement     and
                           Motion for Name Change;
                       c)   That  Petitioner    be  granted   declaratory    judgment     pursuant    to O.C.G.A.     19-7-25    as  to
                           Petitioner’s right to sole legal and physical custody of minor un-legitimated child, so that
                           mother may exercise all parental power over the child;
                       d)   That  minor   child’s   name    be  changed    from   Anita   Marisol   Martinez    Banegas    to  Camila
                           Alexandra Banegas;
                       e)   That Vital Statistics be ordered to issue a new birth certificate with the new name Camila
                           Alexandra Banegas;
                       f)   All other relief deemed just, proper and appropriate by this Honorable Court.



                  Respectfully submitted this 7th day of February, 2022




                                                 Petition for Declaratory Judgement & Motion for Name Change
                                                                Ruth Banegas v. Erick Martinez
                                                               Superior Court of DeKalb County
                                                             Civil Action File Number: 20FM8162
                                                                        Page   |2
                                                                                                        Caroline Pineres, Esquire
                                                                                                            Georgia Bar # 133074

                  Law Office of Caroline Pineres
                  8100 A Roswell Rd., Suite 200; Atlanta, GA             30350
                  Tel:  770-956-9961; Fax: 404-920-4746
                  Email:    caroline@pinereslaw.com




                                                 Petition for Declaratory Judgement & Motion for Name Change
                                                                Ruth Banegas v. Erick Martinez
                                                               Superior Court of DeKalb County
                                                             Civil Action File Number: 20FM8162
                                                                        Page   |3