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July 2005 Motion to Change Custody

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July 2005 Motion to Change Custody Powered By Docstoc
					Claudine Dombrowski
P.O. Box 4974
Topeka, KS.66614
Phone: (785) 845-3417
Fax: (775) 806-3730




                             IN THE DISTRICT COURT
                THIRD JUDICIAL DISTICT, SHAWNEE COUNTY, KANSAS
                                  DIVISION FIVE

IN THE MATTER OF                   )
HALLECK G. RICHARDSON,              )
AND;                               )                   Case No. 96D-217
                                   )
CLAUDINE DOMBROWSKI                )
__________________________________ )
Pursuant to K.S.A. CHAPTER 60




                   MOTION TO MODIFY CUSTODY AND VISITATION



       COMES NOW, Claudine Dombrowski, who is NOT represented by Counsel, and

respectfully moves this Court for an Order restoring primary residency of the parties’ minor

child, Rikki A. Dombrowski, dob 12-12-94, to Respondent and establishing a parenting plan

affording the Petitioner reasonable visitation. In Re: The “Best Interest of the Child” and in

accordance with Federal, State and the Shawnee County Family Guidelines 2003; and; as

‘Matter of Justice’ being served to all parties, regardless of their ability to pay for such justice

through an attorney or other.


        IN SUPPORT of her Motion, Respondent alleges and states as follows:
1) That a Material Change in Circumstance has occurred since the last Ex-Parté Order of the

   Court regarding Custody and visitation in that the Respondent has permanently changed,

   and re-established her address, back to Topeka, KS. Specifically, the mother is one mile

   away from Rikki’s present school, Tecumseh North and Rikki will continue to go to the

   same school. The Mother also resides, approximately two miles from Rikki’s father, the

   Petitioner. This, therefore, will enable the parties’ minor child to “Equal Access” to BOTH

   her parents. {Shawnee County family Guidelines 2003 7.03(a)(1)(2)(4)(5)(6)(7)(8)(b) K.S.A. 60-1628 and

   K.S.A.60-1610 (B)(ii)(iii)(iv)(v)(vi)(vii )


2) That a Material Change of Circumstance has occurred in that minor child of the parties is

   being denied the bonding time and a meaningful, significant relationship with her mother.

   Petitioner has maliciously, intentionally and fraudulently perjured himself to the Officers of

   the Court, and other Law enforcement officials, hence, denying the child of her mother in

   the most extreme of “Parental Interference”. {Shawnee County Family Guidelines 7.03(a)(2) and

   K.S.A.60-1610(B)(vi)(vii); Ex-Parté Order of February 03, 2004, recommended by the Case Manager Lloyd

   C. Swartz.}


3) That a Material Change of Circumstance has occurred in that Rikki’s primary caretaker is

   not Rikki’s father, but the fathers ‘live-in” girlfriend, Julie Miller, and her mother.

   {Shawnee County Family Guidelines 2003 7.03(a)(2) And K.S.A.60-1610(B)(vi) }


4) That a Material Change of Circumstance has occurred in that the live-in girlfriend, Julie

   Miller, has two children also living with Rikki. The living conditions appear to be

   inadequate for the number of people living in the home, as Rikki must share her room with

   Julie Miller’s daughter, Danielle Traphagen, who is five years Rikki’s senior.
5) That a Material Change of Circumstance has occurred in that Julie Miller’s 9th grade son

   Christopher Traphagen has shown demonstrable violence, uncontrolled by the school and

   related to his own mental diagnosis of ADD, clearly showing that if this ‘Young Adult

   Male’ can NOT control his violent tendencies in school, then he can NOT be expected to

   control them against Rikki, who is seven years younger than he. Petitioner has forced the

   primary care of our daughter Rikki, onto a woman who is NOT related and is nothing more

   than a ‘live- in’ maid, cook and child care giver. Neither Julie Miller nor her Mother are

   licensed by the State to care for my child. {Shawnee County Family Guidelines 2003 7.03(a)(2)

   and K.S.A.60-1610(B)(vi) }


6) That a Material Change of Circumstance has occurred in a review of the plethora of

   records and documents that have been made a permanent part of this case’s Court file and

   record.



7) That there are several Material Changes in Circumstance to warrant a hearing and/or Order

   of the Court to make a determination that is TRULY in the “Best Interest of the Child.”



8) Rikki is coming of age and into a young lady, who needs HER mother now more than ever

   as she deals with the biological changes of her body and, other life issues that Rikki will be

   facing as a young lady. Such as ‘social adjustments’ in her adolescence, as she grows into

   her own independence and on into a ‘healthy’ adult. It is hard enough to be a teenager,

   especially as a female teenager.



9) Rikki needs to be comfortable and secure enough in her own self- esteem, comfortable

   enough to ask intimate questions and trusting enough to ask those questions, so that Rikki
   can be armed with knowledge to be in a position for sound decision making, as she begins

   her pre-teen and adolescent journey into adulthood.



10) Rikki’s own mother is best suited for this developmental phase of Rikki’s upcoming life

     changes as,

                   A)    being her mother;

                   B)    being licensed by the State of Kansas in nursing, specializing in

                         clinical psychiatric nursing for over 13 years;

                   C)    Respondent IS a stay at home mom due to a disability of her foot from

                         a MVA.



11) Rikki’s mother, the Respondent is ready, willing and capable of caring for her child.

    Rikki would have her OWN room, which is an important aspect to a pre-teen, to which

    Rikki currently does not have at her father’s house.


12) Respondent has always promoted the relationship and bonding between the Petitioner and

    Rikki (even though there has been past evidence of abuse to the mother, the Respondent by

    the Petitioner).

    The Respondent will continue to do so, which the Petitioner, has been ‘un-willing’ and

    proved that he is ‘un-willing’ to do so in the future, with Rikki and her mother, the

    Respondent. {K.S.A 60-1610 (B)(vi)} Shawnee County Guidelines 7.03(a)(2)(4)(5)(7)(8)



13) It is in Rikki’s “Best Interest” to be with her natural mother as much as she can, as well

     as to be reunited with her ‘maternal’ family, to which Rikki has been bonded all of her life

     up until this past year when they were cut/removed from this child’s life as well, by the
    issuance of an Ex-Parté Order, issued on February 3, 2004.



14) This Motion is being filed in accordance with the End Summer Shawnee County Family

   Guidelines of July 15, 2005 deadline to file End Summer Motions for a Change in or

   Modification of Custody and Visitation or a modification thereof.


WHEREFORE, Respondent prays the Court to enter an Order restoring primary residency of

the minor child of the parties, Rikki A. Dombrowski, dob 12-12-94, to Respondent and

establishing a parenting plan affording Petitioner reasonable visitation and for all other relief

the Court deems just and proper.




_________________________
Claudine Dombrowski
P.O Box 4974
Topeka, KS 66604
Facsimile (775) 806-3730
Telephone (785) 845-3417




(Certificate of Service on following page.)

				
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