Document for NICOLE B SUMMERS V SHAWN L SUMMERS (E-CASE)

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                                IN THE CIRCUIT COURT OF WASHINGTON COUNTY, MISSOURI
                 AT POTOSI, MISSOURI - DIVISION

NICOLE B. SUMMERS,
n/k/a Nicole B. Pelikan

vs.            PETITIONER,                            CASE NO.         20WA-CC00203-01

SHAWN L. SUMMERS,

               RESPONDENT.

                                  MOTION TO MODIFY

       COMES       NOW     Petitioner, Nicole B. Pelikan, f/k/a Nicole B. Summers,             by
and through attorney, Kathleen Aubuchon, and for this Motion to Modify, states to
the Court.as follows:
        1      That   on   or   about   07/09/2020,    this   Court.    entered   a Judgment   of

Dissolution of Marriage of the above-named parties.
       2       Pursuant thereto, the Court found that there were two children born of
the parties.

       3       Based on the agreement of the parties, the parties were awarded joint
legal custody, Mother was awarded sole physical custody of the children subject to
the rights of Father to have visitation.
       4       This Court has jurisdiction to award the care and custody of the minor
children of the parties for the following reasons:
               A      The State of Missouri is the home state of said minor children
at the time of the commencement of this action;
               B      The State of Missouri has been the home                state of said minor
children for the past six (6) months;
Cc      It is in the best interest of the minor children that this State
assume jurisdiction          because     the children    and their parents         have     a significant
connection     with   the:    State.    of Missouri,     and.   there.    is. available     in this     State
substantial evidence concerning the present and future care, protection, training
and personal relationship of said minor children.
               D       The Petitioner has not participated in any capacity in any other
litigation concerning the minor children pending in a Court of this or any other
state;

               E       The Petitioner has no information of any custody proceedings
concerning the minor children pending in this or a Court of any other state;
               F       The Petitioner knows             of no other person not a party to this
action who has physical custody or visitation rights with respect to said minor
children.

         Petitioner will inform this Court of any change in information required by
RSMo. 452.480(1).
         5     That since the entry of the Judgment, there has been a substantial and
continuing change in the circumstance of the children or the children’s custodian
such that modification          is necessary     to serve their best interests of the minor
children,    Those    changes          in circumstance    include,       but are not      limited     to, the
following:
               A      The Respondent is charged with a Class A Felony of sexual
exploitation of a minor, Cause No. 24WA-CR00159,
               B      The allegation, upon the Petitioner’s information and belief, is
that the Respondent set up and iPad and said iPad was set in the shower area of the

bathroom and/or bedroom where minors would change and be undressed and that
he retained said videos.
Cc     The     child    of the     parties   also   shares     a bedroom       with    the
confidential victim.

                  D.     The Respondent was.recently incarcerated and just released.
           6      If the Respondent        were to have contact with the minor children, it

would impair their emotional development and physical health and the children
could suffer irreparable harm.
           7      The   Petitioner has filed a Parenting              Plan;     said Parenting    Plan     is
attached hereto and         incorporated herein by reference;                 said Plan is in the best
interest       of the   minor    children.         The   Respondent         respectfully   requests      this
Honorable Court adopt this Parenting Plan and order the parties to abide by its
terms.

         8        The Respondent respectfully requests this Honorable Court grant such
other further relief as itdeems just and fair.
         WHEREFORE,             for the    foregoing      reasons,    the     Respondent    respectfully
requests this Honorable Court grant the relief prayed for herein,


                                          Respectfully submitted,



                                          Kathleen Aubuchon                   #45826
                                          Attorney at Law
                                          116 West Liberty Street
                                          Farmington, Missouri 63640
                                          573-756-4600 Phone
                                          573-756-4642 Fax
                                          Email: kathleen@aubuchonlawoffice.com
STATE OF MISSOURI                )
                                 ) Ss.
COUNTY OF ST. FRANCOIS )

         COMES   NOW     Nicole B. Pelikan, f/k/a Summers, being duly sworn upon
oath, states that she is the Petitioner named above and that the foregoing Motion to
Modify    is based   on facts which   affiant believes              to be true to affiant’s best
knowledge and belief.


                                                + Lueod'o2, Powseewr
                                              Nicole B, Pelikan




      Subscribed and sworn to before me, a notary public, on this the 4" day of


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March, 2024.                                                           7
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