Preview
Redacted by Clerk of Court .
(i idttoucmaen
Domestic ReLattons court
2011 JUN29 PM 3:07
GREGGR: a. “RUSH
CLERK GF COURTS
MONTGOMERY €0. OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
DIVISION OF DOMESTIC RELATIONS
MERCEDES C. CULP LUCAS CASE NO. 10 DR 411
c/o Phyllis G. Bossin, Esq.
105 E. Fourth St., Ste. 1300
Cincinnati, OH 45202 HON. DENISE L. CROSS
SSN:
DOB: 06/07/1982
Plaintiff, PLAINTIFF’S VERIFIED
EMERGENCY MOTION TO
vs. SUSPEND DEFENDANT’S
PARENTING TIME OR IN THE
LEO C. LUCAS, II ALTERNATIVE MOTION FOR
4325 St. Johns Avenue SUPERVISED PARENTING TIME
Dayton, Ohio 45406
SSN: PLANTIFF’S MOTION FOR
DOB: 12/20/1979 CONTEMPT
Defendant. WITH REQUEST FOR EXPEDITED
HEARING
Now comes Plaintiff, by and through her counsel, and hereby moves this Court for
an order immediately suspending Defendant’s parenting time with the parties’ minor
child, Leo C. Lucas III, born August 14, 2001, or in the alternative, for an order requiring
Defendant’s parenting time to be supervised by a supervisor approved by Plaintiff, with
no overnight parenting time at this time, including but not limited to extended parenting
Page }time and holidays. Plaintiff further moves this Court for an order finding Defendant in
contempt of Court for violating several provisions of the parties’ Decree of Divorce, and
for an order requiring Defendant to become current in his child support obligation, which
is significantly in arrears. Plaintiff further moves this Court for an award of attorney fees
and litigation expenses for having to pursue the motions herein. Plaintiff requests an
expedited hearing on the within motions due to the urgency of this matter.
In support of said motion, Plaintiff (hereinafter “Mother”) states that the parties
entered into a Separation Agreement that was incorporated into a Decree of Divorce and
filed with this Court on December 27, 2010. Mother states that pursuant to the parties’
Separation Agreement, Mother is the residential parent and legal custodian of the parties’
minor child (hereinafter “Leo”) and Defendant (hereinafter “Father”) has parenting time
on Thursday evenings from 6:00 p.m. to 8:00 p.m. and on alternating weekends from
Friday at 6:00 p.m. to Sunday at 7:00 p.m. Mother further states that both parties have the
right to exercise three (3) weeks of extended parenting time with Leo, two of which may
be exercised consecutively. Mother states that each parent is required to notify the other
parent in writing of the times desired for extended period no later than 30 days prior to
the exercise of the extended period (emphasis added). Mother further states that two (2)
weeks prior to exercising extended parenting time, the vacationing parent is required to
provide the other parent with an itinerary, flight and other travel information and
emergency contact numbers, including the address and telephone number for each
location where the child will be staying. Mother further states that the Decree of Divorce
provides that each parent shall be permitted reasonable telephone contact with Leo during
the other parents’ parenting time.
Page 2Mother states that Father's parenting time concluded at 7:00 p.m. on Sunday, June
5, 2011. Mother states that Father was also spending time with Mother's minor child from
a previous relationship, Jaydon, on this date. Mother states that she received a text
message from Father on or about 6:00 p.m. that evening asking where she was to which
Mother indicated she was at home. Mother states this is typically the text message that
she receives from Father prior to Father returning child(ren) at the conclusion of his
parenting time. Unfortunately, Father had no intention of returning Leo or Jaydon at the
conclusion of his parenting time.
Mother states that it is not unusual for Father to return the children after 7:00
p.m.; however, when Father had not returned them after 8:00 p.m. she became worried.
Mother states that when Father did not bring the children home, she called him and spoke
to him briefly wherein Father indicated that the children were watching “the game” and
he indicated that he would bring the children back the following day. Mother states that
she indicated to Father that those arrangements would not be acceptable on such short
notice and asked him to return the children right away. Mother states that Father then
made a comment about keeping the children until the following week. Mother again
indicated those arrangements would not work on such short notice, as the children had
plans and a sitter had already been arranged for the week. Mother states that at least
another hour went by and Father still did not return children. Mother states that at that
point she called repeatedly and sent numerous texts in an attempt to determine when the
children would be returned. Mother states that Father ignored Mother's calis and texts at
which point, Mother determined her only recourse was to contact the local police.
Page 3Mother states that Miami Township Police Department officer that responded to
the call indicated that this matter was civil in nature and there was not much he could do
other than call Father and strongly urge him to return the children. Mother states the
officer left a voicemail message on both Father’s cell phone number and Father’s
mother’s home number. Mother states that the officer then indicated that Mother could
have Dayton Police Department do a welfare check on Father and the children at his
home located in their jurisdiction. Mother states she subsequently contacted the Dayton
Police Department and an officer did a welfare check. Mother states that an officer later
contacted her indicating he had in fact made contact with Father and that Father indicated
that he was not going to return the children as he was going to exercise vacation
parenting time of 30 days. Mother states that this was a surprise to Mother, as Father had
never given Mother any notice that he was going to exercise extended parenting time,
Father is only permitted to exercise two (2) consecutive weeks of extended parenting
time and that Father was withholding Leo and Jaydon without any notice to Mother,
against her wishes and without following the clearly stated protocol set forth in the
parties’ Separation Agreement, which is summarized above.
Mother states that Father refused to return the children to Mother and that he hid
the children so that Mother could not locate them. Mother states that Father continued to
refuse to respond to Mother’s telephone calls and text messages and refused to allow
Mother to talk to the children by telephone. Mother states that after franticly searching
for the children and driving all over town trying to locate them, she finally recovered the
children over twenty-four (24) hours after they were wrongfully withheld by Father.
Mother states that she found the children playing outside of Father's mother's (paternal
Page 4grandmother's) house unsupervised, at which time Mother recovered the children and
drove them home. Mother states that both children were incredibly upset and extremely
traumatized by the entire incident. Mother states that Leo suffers from emotional
conditions and Mother fears that Father's behavior and this incident have had a
considerable negative impact upon Leo. Mother states that Father has not exercised
parenting time since June 6, 2011 because Mother is terrified that Father will abduct Leo
again, and due to other concerns that Mother has about Father's sobriety, stability,
judgment and the impact of these issues on Leo.
Mother further states that in addition to unjustly refusing to return Leo at the
conclusion of his parenting time and refusing to allow Mother to talk to Leo by
telephone, Father has violated several other provisions of the parties' Separation
Agreement and that Father has engaged in behaviors that jeopardize the health and well-
being of Leo. Mother states that the parties’ Separation Agreement provides that neither
parent will demean the other or make derogatory comments about the other to Leo or
within Leo’s range of hearing, or allow others to do so. Additionally, Father is prohibited
from consuming alcohol, illegal substances or prescription medication not prescribed to
Father during his parenting time. Finally, the Separation Agreement requires the parents
to ensure that Leo takes all currently prescribed medications during his and her parenting
time, which Mother, as legal custodian, is responsible for overseeing.
Mother states that Father demeans Mother in front of Leo and to Leo, and that he
permits others to demean Mother in Leo's presence. Mother further states that Father
frequently requires Leo to lie to Mother about what takes place during Father's parenting
time including medical treatment. Mother also states that Father consistently and
Page 5routinely involves Leo in adult conversations regarding parenting issues and openly tells
Leo it is Mother’s fault Father cannot spend time with Leo. Mother also states that of
particular concern to her is that she has reason to believe that Father is abusing alcohol
and/or illegal substances again, as Father's behavior has become increasingly unstable,
abusive and erratic. Mother further states that she has caught Father taking alcohol from
Mother's residence and that in light of Father's history of substance abuse and his current
behavior, Mother has reason to believe that Leo's safety and well-being are in jeopardy
while in Father's care.
Mother further states that she has reason to believe that Father and his parents
have taken medications prescribed for Leo for unknown purposes, which resulted in Leo
being without necessary medication. Specifically, during the past five (5) months, Father
and/or his parents have called Walgreens Pharmacy to refill Leo's prescription
medications when refills are not needed and without Mother’s knowledge or consent.
Mother provides sufficient doses of medication to Father for Leo at the commencement
of Father's parenting time. There is no reason for Father to call in any medication for Leo.
Leo is prescribed Abilify, which is a mood stabilizer, as well as Intuniv, which is
a mood stabilizer and anti-depressant. Leo, who has a history of depression, aggression
and has threatened suicide, requires these medications to function and remain healthy.
Mother states that after a police investigation, she recently learned that Father and/or his
parents were secretly calling in refills of Leo's medications and picking them up from the
pharmacy without Mother's knowledge or consent. Mother does not know what Father
has done with this medication, because Mother was completely unaware these refills
existed and Father never turned them over to Mother or made her aware of them with the
Page 6exception of one month's allotment of medication, which was returned to Walgreen’s
after the police became involved. Mother states that the result is that she has not been
able to properly fill Leo's medication and he has missed doses, which is medically
dangerous and not in Leo's best interest. Mother states that she is working with the
pharmacy to put protections in place to prevent this from happening in the future, but she
remains concerned that Father and/or his parents are inappropriately using Leo's
medication and/or failing to ensure that Leo receives the medication that he desperately
needs to remain healthy.
Finally, Mother states that Father is significantly behind on his child support
obligation for Leo and that he is several thousand dollars in arrears, which has negatively
impacted Mother and Leo.
WHEREFORE, Plaintiff moves this court for an order immediately suspending
Defendant’s parenting time, or in the alternative, for an order requiring Defendant’s
parenting time to be supervised by a supervisor approved by Plaintiff and for the
suspension of any and all overnight parenting time at this time, including but not limited
to extended parenting time and holidays; for an order finding Defendant in contempt of
Court for violating several provisions of the parties’ Decree of Divorce; for an order
requiring Defendant to become current in his child support obligation; for an award of
attorney fees and litigation expenses; and for an expedited hearing on the within motions
due to the urgency of this matter.
Page 7Respectfully submitted,
‘Attorney for Plaintiff
PHYLLIS G. BOSSIN CO., L.P.A.
36 East 4" Street, Suite 1210
Cincinnati, OH 45202
(513) 421-4420
(513) 421-0691 (facsimile)
seckner@bossinlaw.com
NOTICE OF HEARING
as
Please take notice that the hearing as to the foregoing is scheduled to be heard on the
oe U day oe at } 0:30 am//p.m. vefore Wragct at the Montgomery
County Domestic Relations Court, 301 W. Third Street, Dayton, Ohio 45422.
Praecipe to the Clerk: Please personally serve the following via process server.
Legal Beagles:
LEO C, LUCAS, II
4325 St. Johns Avenue
Dayton, Ohio 45406
OR wherever he may be found.
Page 8
Preview
Redacted by Clerk of Court . (i idttoucmaen Domestic ReLattons court 2011 JUN29 PM 3:07 GREGGR: a. “RUSH CLERK GF COURTS MONTGOMERY €0. OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS MERCEDES C. CULP LUCAS CASE NO. 10 DR 411 c/o Phyllis G. Bossin, Esq. 105 E. Fourth St., Ste. 1300 Cincinnati, OH 45202 HON. DENISE L. CROSS SSN: DOB: 06/07/1982 Plaintiff, PLAINTIFF’S VERIFIED EMERGENCY MOTION TO vs. SUSPEND DEFENDANT’S PARENTING TIME OR IN THE LEO C. LUCAS, II ALTERNATIVE MOTION FOR 4325 St. Johns Avenue SUPERVISED PARENTING TIME Dayton, Ohio 45406 SSN: PLANTIFF’S MOTION FOR DOB: 12/20/1979 CONTEMPT Defendant. WITH REQUEST FOR EXPEDITED HEARING Now comes Plaintiff, by and through her counsel, and hereby moves this Court for an order immediately suspending Defendant’s parenting time with the parties’ minor child, Leo C. Lucas III, born August 14, 2001, or in the alternative, for an order requiring Defendant’s parenting time to be supervised by a supervisor approved by Plaintiff, with no overnight parenting time at this time, including but not limited to extended parenting Page }time and holidays. Plaintiff further moves this Court for an order finding Defendant in contempt of Court for violating several provisions of the parties’ Decree of Divorce, and for an order requiring Defendant to become current in his child support obligation, which is significantly in arrears. Plaintiff further moves this Court for an award of attorney fees and litigation expenses for having to pursue the motions herein. Plaintiff requests an expedited hearing on the within motions due to the urgency of this matter. In support of said motion, Plaintiff (hereinafter “Mother”) states that the parties entered into a Separation Agreement that was incorporated into a Decree of Divorce and filed with this Court on December 27, 2010. Mother states that pursuant to the parties’ Separation Agreement, Mother is the residential parent and legal custodian of the parties’ minor child (hereinafter “Leo”) and Defendant (hereinafter “Father”) has parenting time on Thursday evenings from 6:00 p.m. to 8:00 p.m. and on alternating weekends from Friday at 6:00 p.m. to Sunday at 7:00 p.m. Mother further states that both parties have the right to exercise three (3) weeks of extended parenting time with Leo, two of which may be exercised consecutively. Mother states that each parent is required to notify the other parent in writing of the times desired for extended period no later than 30 days prior to the exercise of the extended period (emphasis added). Mother further states that two (2) weeks prior to exercising extended parenting time, the vacationing parent is required to provide the other parent with an itinerary, flight and other travel information and emergency contact numbers, including the address and telephone number for each location where the child will be staying. Mother further states that the Decree of Divorce provides that each parent shall be permitted reasonable telephone contact with Leo during the other parents’ parenting time. Page 2Mother states that Father's parenting time concluded at 7:00 p.m. on Sunday, June 5, 2011. Mother states that Father was also spending time with Mother's minor child from a previous relationship, Jaydon, on this date. Mother states that she received a text message from Father on or about 6:00 p.m. that evening asking where she was to which Mother indicated she was at home. Mother states this is typically the text message that she receives from Father prior to Father returning child(ren) at the conclusion of his parenting time. Unfortunately, Father had no intention of returning Leo or Jaydon at the conclusion of his parenting time. Mother states that it is not unusual for Father to return the children after 7:00 p.m.; however, when Father had not returned them after 8:00 p.m. she became worried. Mother states that when Father did not bring the children home, she called him and spoke to him briefly wherein Father indicated that the children were watching “the game” and he indicated that he would bring the children back the following day. Mother states that she indicated to Father that those arrangements would not be acceptable on such short notice and asked him to return the children right away. Mother states that Father then made a comment about keeping the children until the following week. Mother again indicated those arrangements would not work on such short notice, as the children had plans and a sitter had already been arranged for the week. Mother states that at least another hour went by and Father still did not return children. Mother states that at that point she called repeatedly and sent numerous texts in an attempt to determine when the children would be returned. Mother states that Father ignored Mother's calis and texts at which point, Mother determined her only recourse was to contact the local police. Page 3Mother states that Miami Township Police Department officer that responded to the call indicated that this matter was civil in nature and there was not much he could do other than call Father and strongly urge him to return the children. Mother states the officer left a voicemail message on both Father’s cell phone number and Father’s mother’s home number. Mother states that the officer then indicated that Mother could have Dayton Police Department do a welfare check on Father and the children at his home located in their jurisdiction. Mother states she subsequently contacted the Dayton Police Department and an officer did a welfare check. Mother states that an officer later contacted her indicating he had in fact made contact with Father and that Father indicated that he was not going to return the children as he was going to exercise vacation parenting time of 30 days. Mother states that this was a surprise to Mother, as Father had never given Mother any notice that he was going to exercise extended parenting time, Father is only permitted to exercise two (2) consecutive weeks of extended parenting time and that Father was withholding Leo and Jaydon without any notice to Mother, against her wishes and without following the clearly stated protocol set forth in the parties’ Separation Agreement, which is summarized above. Mother states that Father refused to return the children to Mother and that he hid the children so that Mother could not locate them. Mother states that Father continued to refuse to respond to Mother’s telephone calls and text messages and refused to allow Mother to talk to the children by telephone. Mother states that after franticly searching for the children and driving all over town trying to locate them, she finally recovered the children over twenty-four (24) hours after they were wrongfully withheld by Father. Mother states that she found the children playing outside of Father's mother's (paternal Page 4grandmother's) house unsupervised, at which time Mother recovered the children and drove them home. Mother states that both children were incredibly upset and extremely traumatized by the entire incident. Mother states that Leo suffers from emotional conditions and Mother fears that Father's behavior and this incident have had a considerable negative impact upon Leo. Mother states that Father has not exercised parenting time since June 6, 2011 because Mother is terrified that Father will abduct Leo again, and due to other concerns that Mother has about Father's sobriety, stability, judgment and the impact of these issues on Leo. Mother further states that in addition to unjustly refusing to return Leo at the conclusion of his parenting time and refusing to allow Mother to talk to Leo by telephone, Father has violated several other provisions of the parties' Separation Agreement and that Father has engaged in behaviors that jeopardize the health and well- being of Leo. Mother states that the parties’ Separation Agreement provides that neither parent will demean the other or make derogatory comments about the other to Leo or within Leo’s range of hearing, or allow others to do so. Additionally, Father is prohibited from consuming alcohol, illegal substances or prescription medication not prescribed to Father during his parenting time. Finally, the Separation Agreement requires the parents to ensure that Leo takes all currently prescribed medications during his and her parenting time, which Mother, as legal custodian, is responsible for overseeing. Mother states that Father demeans Mother in front of Leo and to Leo, and that he permits others to demean Mother in Leo's presence. Mother further states that Father frequently requires Leo to lie to Mother about what takes place during Father's parenting time including medical treatment. Mother also states that Father consistently and Page 5routinely involves Leo in adult conversations regarding parenting issues and openly tells Leo it is Mother’s fault Father cannot spend time with Leo. Mother also states that of particular concern to her is that she has reason to believe that Father is abusing alcohol and/or illegal substances again, as Father's behavior has become increasingly unstable, abusive and erratic. Mother further states that she has caught Father taking alcohol from Mother's residence and that in light of Father's history of substance abuse and his current behavior, Mother has reason to believe that Leo's safety and well-being are in jeopardy while in Father's care. Mother further states that she has reason to believe that Father and his parents have taken medications prescribed for Leo for unknown purposes, which resulted in Leo being without necessary medication. Specifically, during the past five (5) months, Father and/or his parents have called Walgreens Pharmacy to refill Leo's prescription medications when refills are not needed and without Mother’s knowledge or consent. Mother provides sufficient doses of medication to Father for Leo at the commencement of Father's parenting time. There is no reason for Father to call in any medication for Leo. Leo is prescribed Abilify, which is a mood stabilizer, as well as Intuniv, which is a mood stabilizer and anti-depressant. Leo, who has a history of depression, aggression and has threatened suicide, requires these medications to function and remain healthy. Mother states that after a police investigation, she recently learned that Father and/or his parents were secretly calling in refills of Leo's medications and picking them up from the pharmacy without Mother's knowledge or consent. Mother does not know what Father has done with this medication, because Mother was completely unaware these refills existed and Father never turned them over to Mother or made her aware of them with the Page 6exception of one month's allotment of medication, which was returned to Walgreen’s after the police became involved. Mother states that the result is that she has not been able to properly fill Leo's medication and he has missed doses, which is medically dangerous and not in Leo's best interest. Mother states that she is working with the pharmacy to put protections in place to prevent this from happening in the future, but she remains concerned that Father and/or his parents are inappropriately using Leo's medication and/or failing to ensure that Leo receives the medication that he desperately needs to remain healthy. Finally, Mother states that Father is significantly behind on his child support obligation for Leo and that he is several thousand dollars in arrears, which has negatively impacted Mother and Leo. WHEREFORE, Plaintiff moves this court for an order immediately suspending Defendant’s parenting time, or in the alternative, for an order requiring Defendant’s parenting time to be supervised by a supervisor approved by Plaintiff and for the suspension of any and all overnight parenting time at this time, including but not limited to extended parenting time and holidays; for an order finding Defendant in contempt of Court for violating several provisions of the parties’ Decree of Divorce; for an order requiring Defendant to become current in his child support obligation; for an award of attorney fees and litigation expenses; and for an expedited hearing on the within motions due to the urgency of this matter. Page 7Respectfully submitted, ‘Attorney for Plaintiff PHYLLIS G. BOSSIN CO., L.P.A. 36 East 4" Street, Suite 1210 Cincinnati, OH 45202 (513) 421-4420 (513) 421-0691 (facsimile) seckner@bossinlaw.com NOTICE OF HEARING as Please take notice that the hearing as to the foregoing is scheduled to be heard on the oe U day oe at } 0:30 am//p.m. vefore Wragct at the Montgomery County Domestic Relations Court, 301 W. Third Street, Dayton, Ohio 45422. Praecipe to the Clerk: Please personally serve the following via process server. Legal Beagles: LEO C, LUCAS, II 4325 St. Johns Avenue Dayton, Ohio 45406 OR wherever he may be found. Page 8