OK Soc, this is the final draft of my motion

[MissouriGal]

I'm going to see an attorney tomorrow who "might" be willing to work with me on a consultation basis only, and this is the final draft of my motion, with your suggestions taken to heart and written as you instructed. Would you mind, for old times sake, :P  proofreading and giving me your honest opinion?

IN THE CIRCUIT COURT OF XXXXXX COUNTY
AT XXXXX


RXXXXX KXXXX MXXXX,
Petitioner

Vs. Cause No.

TXXXX DXXXXXX MXXXX,
Respondent




MOTION TO MODIFY CHILD CUSTODY, VISITATION, AND CHILD SUPPORT


COMES NOW the Respondent, Txxxx Dxxxxxx Mxxxx, Pro Se, for her motion to Modify Child Custody, Visitation, and Child Support and states to the court as follows:

1.) On August 27, 2002 the Superior Court of Wxxxx County, Georgia entered a Final Judgment and Decree of Divorce dissolving the marriage of the parties (See copy of Judgment, Exhibit #1, attached).

2.) Pursuant to said decree, the Petitioner was awarded sole physical custody of the minor children, Kxxx Exxx Nxxx Mxxxx, Txxx Kxxx Mxxxx, and Bxxx Axxx Mxxxx, and the parties were awarded joint legal custody of the minor children (See Marriage Settlement Agreement, Section 5, Paragraph (a) CUSTODY, attached as part of Exhibit #1).

3.) The minor children of the parties have resided with the Respondent within the county of Mxxxx, State of Missouri, for the past 6 months at xxx Highways 00/00 East Mxxxxxxx City, Missouri, 55555. The minor children reside with the Respondent by the Petitioner's agreement to such custody arrangements (See Stipulated Agreement Between Parties, dated and signed by Respondent on May 13, 2003 and signed and dated by Petitioner on May 29, 2003, filed with the Worth County Superior Court on October 8, 2003, Exhibit #2, attached). Pursuant to RSMo 452.450.1(1)(a)(b), and RSMo 452.450.1(2)(a)(b), this Court has authority to assume jurisdiction over the matters of custody and support (See Affidavit of Txxxx Dxxxxxx Mxxxxxx, Exhibit #3, attached).

4.) In 1998, the minor child Txxxxx was originally diagnosed with ADHD and prescribed medication by his doctor, Dr. Vxxx Dxxx. Respondent has refused to seek continued psychiatric treatment for Txxxxx, and Txxxx's file was closed at the Mental Health in October 2001 because of being an inactive case file. (See Progress Notes, exhibit #4, attached).

5.) In October 2001, Optometrist Dr. Jxxxx Dixon, prescribed glasses for Txxxxx, however Petitioner has refused to obtain the prescribed glasses, and Respondent took Txxxx to Optometrist Dr. Kxxx Wxxxxx, Mxxxxxxx City, Missouri and obtained a new prescription and eyeglasses for Txxxxx on June 19, 2003 (See a copy of previously written prescription dated October 25, 2001, Exhibit #5, attached, and copy of Dr. Wxxxxx's billing notice dated 6/27/03, Exhibit #6, attached).

6.) On May 30, 2003, Petitioner sent the minor child Txxxxx to the Respondent with a controlled substance prescription medication for ADHD that was prescribed by a medical doctor for a person unknown to the Respondent (See photographs of prescription label, Exhibit #7, attached, and accompanying police report, Exhibit #8, attached).

7.) Written instructions for administering the above-referenced medication as provided to Respondent by Petitioner's wife, were stated at a dosage five (5) times that stated on the medication bottle (See copy of Petitioner's wife's instructions, Exhibit #9, attached).

8.) On May 30, 2003 when Respondent picked the minor children up for the start of her parenting time, the minor children Txxxx and Bxxxxxx had visible signs of medical conditions that had gone untreated (See photographs, Exhibit #10, attached).

9.) On June 4, 2003 the Respondent took Txxxxx and Bxxxxxxx to Dr. Dxxx Zxxxxxxxx, MD in Mxxxxxxx City, Missouri to seek treatment for the above-referenced medical conditions (See Dr.'s report, Exhibit #11, attached).

10.) Respondent states that the minor child Txxxxx has failed two (2) grades while in the Petitioner's care, and the minor child Bxxxxxx has failed one (1) grade, but that by state and local law, Txxxxx was promoted even though he didn't meet the criteria to do so (See school records, Exhibit #12, attached).

11.) While in the Petitioner's care, the minor child Txxxxx has experienced behavior, control, and discipline problems in school and on the bus while not on his prescribed medications for ADHD (See school records, Exhibit #12, attached, and discipline reports, exhibit #13, attached).

12.) The minor children Txxxxx and Bxxxxxx's teachers expressed concern that there was no educational help outside of the school setting, and reported this fact to the Respondent in May 2003 (See phone transcript, Exhibit #14, attached).

13.) Petitioner has not provided age appropriate nor adequate clothing for the minor children and this fact was noted and also reported to the Respondent in May 2003 (See phone transcript, Exhibit #14, attached, and Affidavits of Mrs. B, Mrs. H and Mrs. F, Exhibit #15 attached).

14.) While in the Petitioner's care, Wxxxx County Primary School counselor, Mrs. F, took the minor children Txxxxx and Bxxxxxxx to get haircuts and to purchase two (2) outfits of clothing for each of the minor children because of their state of attire and personal grooming (See phone transcript, Exhibit #14, attached, and Affidavit of Mrs. F, Exhibit #15, attached).

15.) While in the Petitioner's care from April 2000 until May 2003, the children had never been seen by a dentist, resulting in tooth decay, the need for removal of some of the teeth, and additional appointments for future work that needs to be done including, but not limited to, fillings, applying sealants, and the need for braces (See print-outs from Mid-Missouri Dental Clinic, Exhibit #16, attached).

16.) While in the Respondent's care, the minor child Txxxxx Kxxxx Mxxxxxx has been seen by Dr. Fxxxxx Pxxxx, MD of the Xxxxx Center in Mxxxx, Missouri and has been under Dr. Pxxxx's care and treatment for ADHD and aggression. Txxxxx disclosed instances of abuse in his father's home, instances of drug use in his father's home, instances of an unnatural act with an animal at his father's home, and an instance of his stepbrother trying to drown him to Dr. Pxxxx on his initial visit to and evaluation by Dr. Pxxxx. Dr. Pxxxx states in his evaluation of Txxxxx that Txxxxx was traumatized by the separation of his parents, and then living with his father, the Petitioner, where he was neglected (See Psychiatric Evaluation and follow-up visit notes, Exhibit 17, attached).

17.) Since May 30, 2003 the Petitioner has called the minor children a total of four (4) times. The Respondent has facilitated the relationship between the Petitioner and the minor children by phoning the Petitioner for the children on no less than 15 occasions.

18.) While in the Respondent's care, the minor children have improved greatly in their schoolwork, will all three children making honor roll the first semester. (See current progress reports and report cards, Exhibit #18, attached).

WHEREFORE, due to the changes of circumstance as stated herein, Respondent respectfully requests that this Court modify the Final Judgment and Decree of Divorce entered in this cause on August 27, 2002 in Wxxxx County, Georgia, as follows, to wit:

1.) Terminate Petitioner's sole physical custody and award sole physical custody to the Respondent as it is in the best interest of the children to do so;
2.) Modify the existing visitation order and incorporate the attached parenting plan into the modification as it is in the best interest of the children to have a meaningful relationship with both parents;
3.) Modify the existing child support order to reflect the change in physical custody from the Petitioner to the Respondent;
4.) Incorporate the attached Form 14 into the modification of child support order; and
5.) For such other and further relief as the Court may deem just and proper in the circumstances.

_______________________________
Txxxx Dxxxxxx Mxxxxxx, Pro Se


STATE OF MISSOURI )
)ss
COUNTY OF MXXXXX )


NOW on this _______day of _______________, 200__, before me personally appeared Txxxx Dxxxxxx Mxxxxxx, Respondent herein, and having been first duly sworn upon her oath she states that she executed the above MOTION TO MODIFY CHILD CUSTODY, VISITAION, AND CHILD SUPPORT as her own free act and deed and that all matters set forth herein are true according to her best information and belief.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above first written.



_____________________________
Notary Public


My commission expires:________________


1.) What do you think?

2.) On #16, I have the medical records from the psychiatrist, and he does indeed state that my son was traumatized and neglected while in his father's care. Since this is a professional's diagnosis(?), can I keep that wording in there?

Once again, thank you so much for your time, Soc. I'd give ya a big old smooch, but I don't want to mess up my monitor. :*

[socrateaser]

I'm sorry I haven't been able to devote any time to this. I'm assuming that you've already found an attorney to help you. Let me know the statuts.