Preview
IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
JOSHUA N. LAWSON, )
)
Petitioner, ) CIVIL ACTION
)
v. ) FILE NO. 21-A-09347-10
)
SCARLETTE N. LAWSON, )
)
Respondent. )
EMERGENCY TEMPORARY ORDER
The above-styled case having come before the Court for an emergency hearing on December 16, 2021,
wherein Petitioner was represented by Jule McReynolds of the Siemon Law Firm, P.C., and Respondent was
unrepresented. After consideration of the evidence and hearing of argument, the following is hereby
ORDERED:
A. CUSTODY AND VISITATION
1. Welfare of the Minor Children There are Two (2) Minor Children at issue herein, to wit: P. Lawson, a
male child born in 2009; and M. Lawson, a female child born in 2012. Each parent shall encourage the Minor
Children to develop a close and nurturing relationship with the other parent and each shall refrain from
conduct that undermines or may undermine a positive relationship between the Minor Children and the other
parent. The parents shall not cause the Minor Children to act as intermediary between them, nor shall either
parent criticize the other in the presence of the Minor Children.
Each parent shall communicate to the other all relevant information concerning the Minor Children’s
physical or emotional health, education, and welfare. Each shall have equal access to the Minor Children’s
health, educational, and other records. Each shall promptly notify the other of illness,accident, or other
serious matter affecting the Minor Children and shall endeavor to make a joint decision in order to further
their best interests.
Joshua N. Lawson v. Scarlette N. Lawson
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Each parent shall have equal access to complete, detailed information from any pediatrician, general
physician, dentist, consultant or specialist attending the Minor Children, for any reason whatsoever, and shall
be furnished with copies of any reports given by the latter or any of them to the other parent.
The Father and the Mother shall each be entitled to have complete, detailed information from any
teacher or school giving instruction to the Minor Children, or which the Minor Children may attend, and to be
furnished with copies of all reports given by them, or any of them, to the other parent. Each party shall give
the other reasonable notice of any school holidays, vacation periods, special events at school or other
extracurricular activities of any nature such as parent open house, recitals, sports events, performances or
other similar events where parents normally observe or participate in the activities of the Children, so that
each party may attend those activities. Both parties shall have the right to visit the Children at school or to
consult with the teachers, and each parent shall so notify the Children’s school. Each parent shall be entitled
to complete, detailed information directly from any teacher or school giving instruction to the Children, or
which the Children may attend, and to be furnished with copies of all reports given by any of them to the other
parent. Each party shall have the right to notify the school of his or her desire for information and notice, and
the other party shall cooperate with such request. The parties shall also have the right to request that the
school or counselor of the Children notify them of any and all teacher conferences or counseling sessions or
meetings involving the Minor Children; and both parties shall have the right to be in attendance at such
meetings, so that they may agree, ifpossible, with regard to a course of action designed to nurture the
educational and psychological development and growth of the Minor Children. It is the intention of the parties
that both parents shall have the right of the guardian of the person of said Minor Children with respect to this
subparagraph.
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This Order shall act as an ABSOLUTE RELEASE to allow any teacher, school counselor, principal,
social worker, school administrator, physician, psychologist, psychiatrist, dentist, any other practitioner of the
healing arts, or other person or entity to release the above-mentioned information to either parent at any time,
whatsoever. In the event that this RELEASE is deemed insufficientby the provider, and said provider
requests or requires any additional documentation or forms to be executed by the parties so as to effectuate
the terms of this paragraph, each party shall promptly execute such documents as may be requested and
promptly return said documents to the provider, or the other party, as may be appropriate.
2. Legal Custody The parents shall share joint legal custody of the Minor Children, as contemplated by
O.C.G.A. § 19-9-6. The term “joint legal custody” contemplates joint decision-making by Mother and Father
in all major matters affecting the welfare of the Minor Children, including, but not limited to, choice of schools
and education, summer camps and activities, medical and dental treatment, treatment and/or counseling for
emotional and behavior problems, and religious training. Through shared legal custody they will best serve
the interests of the Minor Children to develop into happy, educated, and moral adults, capable of making a
contribution to their family and society. The success of sharing legal custody requires that they, as parents,
confer and agree on decisions affecting the Minor Children. In order to accomplish this, the parents shall
attempt to make mutual decisions as to all major matters contained in this paragraph affecting the Minor
Children and maintain consistent roles in the two households, calculated to promote their best interests.
Except as otherwise provided herein, in the event that the parents cannot agree on matters affecting the
Minor Children, after consulting with each other as to same, then Mother shall have final decision-making
authority on all major issues, including, but not limited to, the Minor Children’s healthcare, extracurricular
activities, social media, and education.
The parties shall be allowed to worship at their respective religious sanctuaries and/or communities
when they have physical custody of the Minor Children.
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Day to day decisions of a routine nature, including, but not limited to, routine discipline, bedtimes,
scheduling of homework, and the like, shall be made by the parent who is parenting the Minor Children at
the time the decision is to be made. Minor emotional upsets on the part of the Minor Children shall be handled
by the parent who is parenting the Minor Children at the time.
3. Physical Custody Mother shall be designated the primary physical custodian of the Minor Children,
and Father shall be designated the secondary physical custodian of the Minor Children. Although itis
understood that the parties may jointly agree to additional or alternative parenting time with the Minor Children
for either party, absent an agreement, the schedule in the following subparagraphs shall govern their
respective parenting time with the Minor Children.
A. Regular Weekend Parenting Schedule
I. The Regular Parenting Schedule is a routine for the parents’ rights of custodial time with the Minor
Children which starts over and repeats monthly or every two weeks, depending on the address of the
parties’ primary residence. The Regular Parenting Schedule begins on the First (1st) weekend after the
execution of this Order.
a. So long as the Parties’ residences remain One Hundred Fifty (150) miles apart or more, Father
shall be entitled to Parenting Time with the Minor Children Two (2) weekends per month, beginning on the
first and third Fridays of the month from the time school ends, or if no school is in session at 9:00 a.m. until
the following Sunday at 6:00 p.m. In the event that the Children are not scheduled to attend school on the
following Monday, and at Father’s election, with appropriate notice to Mother, Father may extend his weekend
visitation to the following Monday at 6:00 p.m. These times may need to be flexible due to either Party or the
Minor Children traveling for the visitationperiod. Should Father be unable to exercise the weekend
visitations, he shall provide appropriate notice to Mother. Mother will have the Minor Children with her at all
other times.
Joshua N. Lawson v. Scarlette N. Lawson
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b. Father shall have the choice of whether to travel and exercise visitation in the locale of Mother’s
residence, to have the Minor Children transported by Mother to Father’s residence, or to fly the Minor Children
to the locale of Father’s residence. Father shall notify Mother in writing at least thirty (30) days in advance
of his scheduled weekend on what travel option has been selected. In the event father elects for the Minor
Children to be flown to him, Mother shall cooperate, including transporting the Children to the airport and
seeing them to the gate safely, such that the Minor Children are on their flight on time. Father shall be
responsible for any flight arrangements and costs.
c. In the event the Father relocates his residence within One Hundred Fifty(150) miles of the
Mother’s residence, Father shall have the Minor Children for his Parenting Time on alternating weekends.
These weekend time periods shall begin from the time school ends on Friday, or if no school is in session at
6:00 p.m. on Friday, until the following Monday when the Minor Children are returned to school or 9:00 a.m.
if no school is in session on Monday. Mother will have the Minor Children with her at all other times.
This “Regular Parenting Schedule” shall be subject to any holiday or summer visitation as described
below.
B. Summer Vacation Father shall have the Children for Six (6) weeks during the Children’s
summer vacation from school. This visitation shall be exercised in Two (2) separate Three (3) week periods.
For the purposes of this paragraph, Summer shall be defined as beginning the first full week following the
release of school for summer vacation until the last full week prior to the commence of school the following
school year. A week shall be defined to consist of Seven (7) days, and unless otherwise mutually agreed
upon, the week shall be defined to begin on Saturday at 9:00 a.m. and to end on the following Saturday at
6:00 p.m.
The Parents shall confer with each other each year to confirm the Minor Children’s school
breaks/vacations. Father shall give reasonable notice to the Mother of his desire for this Summer Parenting
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Time, but in no event shall such notice occur later than April 15th of each year. In the event that Father fails
or refuses to give notice prior to April 15th, his summer visitation will not be waived, however his Summer
Parenting Time shall be subject to and inferior to any planned vacation by Mother so long as Mother leaves
Father an opportunity to exercise a full Six (6) Weeks of Visitation in Two (2) Three (3) week blocks.
The Regular Weekend Parenting Schedule shall apply when neither parent is exercising Summer
Vacation parenting time pursuant to this section. The Holiday Schedule shall supersede the Summer
Vacation parenting time.
C. Holiday Schedule To resolve any conflicts in the visitation provided under this schedule, the holiday
and special visitation set forth below shall take precedent over the regular parenting schedule and the
Summer parenting time. The following Holiday Table lists the specific holiday parenting schedules, specifying
the parents' years, odd or even or both, and the starting and ending days and times.
Holiday Time Every Even Odd
(from when / to when) Year Years Years
Easter Weekend From 6:00 p.m. on the Friday before Easter to 6:00 p.m. Father Mother
the following Monday when the Children are returned to
school, provided that it does not conflict with Spring
Vacation described below. Should a conflict exist, Spring
Break shall control.
Mother's Day From 9:00 a.m. to 6:00 p.m. on the Friday before Mother’s Mother
Day until 6:00 p.m. on Mother’s Day.
Memorial Day From 6:00 p.m. on the Friday before the holiday to 6:00 Father Mother
Weekend p.m. the following Monday (Memorial Day).
Father's Day From 9:00 a.m. to 6:00 p.m. on the Friday before Father’s Father
Day until 6:00 p.m. on Father’s Day. This time shall not
count towards Father’s Six Weeks of summer vacation.
Spring Break From 6:00 p.m. on the day school lets out for vacation, Father Father
until 6:00 p.m. on the day before the Children return to
school.
July 4th From 6:00 p.m. on July 3rd until July 5th at 6:00 p.m. Mother Father
Labor Day Weekend From 6:00 p.m. the Friday before Labor Day to 6:00 p.m. Mother Father
the following Monday (Labor Day).
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Thanksgiving From 6:00 p.m. on the day the school lets out for Mother Father
Weekend Thanksgiving to 6:00 p.m. the Sunday following
Thanksgiving.
Christmas Part 1 From 6:00 p.m. on the day the school lets out for Father Mother
Christmas Break until 12:00 p.m. (noon) on December
26th.
Christmas Part 2 From 12:00 p.m. (noon) on December 26th until 6:00 p.m. Mother Father
the day before school resumes.
Children’s Birthdays In years that the Children spend their birthday with the Mother Father
assigned parent under this schedule, the parent not
having custody shall be allowed to attend any party being
had on behalf of the Children on the Children’s birthday.
D. Definition of Visitation Days The Regular, Summer, and Holiday visitation schedules shall be defined
by the Public-School Calendar in which the Children attend school or are zoned to attend or the official
calendar for the private school the Children attend.
4. Transportation Unless otherwise provided herein or agreed to by the parents in writing, for
all custodial changes, for any parenting time occurring in Father’s locale, each party shall be responsible for
transporting the Children to and from their respective airport. For any parenting time taking place local to the
Mother’s residence, Father shall be responsible for retrieving the Children from, and returning the Children
to the Mother’s residence in a timely manner. The parties may agree that the exchange place for the Minor
Children be the school, home of the Minor Children, or airport as may be applicable to the situation so long
as said agreement is in writing.
The parties shall ensure that the Minor Children travel with adequate and appropriate clothing,
medication, and personal items for their visitation. Due consideration shall be given to the duration, season
and climate of the visitation destination as well as any scheduled extra-curricular activities. The Children
shall also be properly fed and bathed before their visitation with the other Parent.
If the Minor Children are traveling by air, bus, or train, a Parent or agreed upon Third Party shall
accompany the Children on their trips until the Minor Children each reach the age of Fourteen (14).
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Each parent shall be responsible for making sure that their residence where the Minor Children will
be staying provides certain basic necessities such as running water, electricity, and heat. Both parents shall
keep theirresidence in an appropriate, livable,and clean condition while they are parenting the Minor
Children.
5. Notice of Proposed Changes Both parents shall give the other as much advance notice as
possible of an anticipated change or need for change in visitation, but in no case less than Twenty-Four (24)
hours prior to the scheduled visitation, except in the case of a genuine emergency.
6. Communication/Children’s Whereabouts The Father and Mother shall be entitled to
reasonable and liberal, uninterrupted contact on a daily basis when the Minor Children are being parented
by the other parent, on a reasonable basis and in accordance with the needs, schedules, and desires of the
Children. For purposes of this paragraph, reasonable telephone access shall be defined as at least One (1)
telephone and/or video chat with the Minor Children on a daily basis, said call to be for a reasonable duration
of time. Should the Minor Children have their own cellular device, the Mother and Father shall contact the
Minor Children through that device to satisfy this daily contact provision after the Children have attained the
age of Ten (10).
Neither party shall conduct themselves in any way deliberately intending to or having the effect of
depriving the other party of this meaningful contact. Each party shall give the other a telephone number
where the Minor Children can be located on a regular basis. In the event that either of the parents shall not
be at their residence for more than a consecutive Forty-Eight (48) hour period during their custodial periods,
that party shall provide the other party with a temporary telephone number (which number may be the cellular
telephone number of the other party or the telephone number of a contact who can reach the party and the
Minor Children if not reachable by cell phone). Each party shall keep the other party informed as to the health
and whereabouts of the Minor Children, including an address and phone number where the Minor Children
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may be reached if away from his/her normal place of residence overnight.
Each parent shall supply his or her valid cell and home telephone numbers and email addresses to
the other parent and shall immediately notify the other of any change in telephone numbers and email
addresses; however, neither parent shall utilize the privilege of contact with the Minor Children by telephone
to harass or otherwise interfere with the other, or with the other parent's time with the Minor Children, nor
shall either parent interfere with reasonable communications between the Minor Children and the other
parent.
7. Well-Being of the Children Mother and Father shall provide the Minor Children with suitable and
proper housing, food, and clothing as well as parental supervision. Further, neither parent shall knowingly
expose the Minor Children to any condition or circumstance which is illegal, dangerous, immoral, or which
may detrimentally affect the Minor Children’s health, education or welfare. In conformity with the intent of
this paragraph, each shall share with the other, any passwords or other identifying information necessary to
access the Minor Children’s phone and other electronic devices, as well as to access their social media
avenues including, but not limited to, Facebook, Instagram, Snapchat, YouTube and the like. No parenting
time shall interfere with the health (physical or emotional), education or welfare of the Minor Children;
however, no parenting time shall be unreasonably withheld from the other parent.
8. Non-Disparagement The parties shall exert every reasonable effort to maintain free access and
unhampered contact between the Minor Children and each of the parties, and to foster a feeling of affection
and respect between the Minor Children and the other party. Neither parent will use the Minor Children to
manipulate the other parent, or to use the Minor Children as a means of communicating with the other parent
on matters concerning the Minor Children. By way of example, if either parent is seeking permission from
the other to transport the Minor Children home from a special event during that other parent’s custodial time,
or to do something special with the Minor Children affecting the other parent’s custodial time, the parent
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making the special request shall do so out of the hearing of the Minor Children.
9. Relocation If either parent decides to relocate away from his or her current residence, the moving
parent will give the other parent written notice of the intent to relocate no less than Sixty (60) days prior to
the date of moving, if at all possible, together with the complete address and new telephone number of the
new residence.
10. Emergency Decisions The parent with physical custody will make day-to-day decisions and
emergency decisions while the Minor Children are residing with such parent. For purposes of this Parenting
Plan Order, “Emergency” is defined as a life-threatening situation where 911 has been called or where the
Minor Children have been rushed to hospital. If a decision must be made in an emergency, then the party
who has physical custody of the Minor Children at the time may make the decision after first trying to reach
and consult with the other party, time permitting. Thereafter, the party making the decision shall continue to
attempt to notify the other party and shall do so until the other party is contacted. If either of the parties has
knowledge of any serious illness, injury, accident, or other matter seriously affecting the well-being of the
Minor Children, he or she, as the case may be, shall promptly notify the other by the most expeditious means
possible and, except in emergencies, shall not take any serious action regarding the Minor Children without
consulting the other. “Serious illness” or “injury” includes any illness or injury which confine the Minor Children
to bed for Two (2) or more days, involves stitches or broken bones or requires hospitalization.
11. Travel Within the Continental United States In the event either parent would like the Minor Children
to travel within the Continental United States outside of the State of the parent’s residence for a period
exceeding Two (2) days during their parenting time, he or she shall notify the other party at least Seven (7)
days prior to the date of departure. Such party shall provide a travel itinerary including, but not limited to:
travel schedule, destination and lodging accommodations.
12. Travel Outside the Continental United States In the event either parent would like to travel outside
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the Continental United States with the Minor Children, he or she shall notify the other party with this
information Thirty (30) days prior to the date of departure. The party traveling with the Minor Children will
provide a travel itinerary including but not limited to, travel schedule, destinations, flight information including
departure times, arrival times, airline and flight numbers, lodging accommodations including addresses for
same, entertainment, phone numbers, and names of travel companions. Neither parent shall unreasonably
withhold any signatures or other notarized authorization needed in order to allow the Minor Children to travel
outside of the United States, including any such cooperation for the obtaining of or renewal of the Minor
Children’s passport. Mother shall hold the Minor Children’s passport when said Children are not traveling.
B. CHILD SUPPORT
In that Father will now incur expenses to secure his parenting time, Father’s monthly child support shall
be given a deviation, and he shall now pay Seven Hundred Seventy-Four and 00/100 ($774.00) per month
to be paid on the first of each month beginning January 1, 2022.
C. MISCELLANEOUS
Any provision of the parties’ March 10, 2017 Final Judgment and Decree of Divorce not modified herein
shall remain in full force and effect pending further order of this Court.
SO ORDERED, this 2nd day of February, 2022 nunc pro tunc to December 16, 2021.
Digitally signed by Warren Davis,
Judge
Date: 2022.02.02 15:04:10 -05'00'
THE HONORABLE WARREN DAVIS
Judge, Gwinnett County Superior Court
*Prepared and presented by counsel for Petitioner, edited by the Court as necessary
Joshua N. Lawson v. Scarlette N. Lawson
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Preview
IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA JOSHUA N. LAWSON, ) ) Petitioner, ) CIVIL ACTION ) v. ) FILE NO. 21-A-09347-10 ) SCARLETTE N. LAWSON, ) ) Respondent. ) EMERGENCY TEMPORARY ORDER The above-styled case having come before the Court for an emergency hearing on December 16, 2021, wherein Petitioner was represented by Jule McReynolds of the Siemon Law Firm, P.C., and Respondent was unrepresented. After consideration of the evidence and hearing of argument, the following is hereby ORDERED: A. CUSTODY AND VISITATION 1. Welfare of the Minor Children There are Two (2) Minor Children at issue herein, to wit: P. Lawson, a male child born in 2009; and M. Lawson, a female child born in 2012. Each parent shall encourage the Minor Children to develop a close and nurturing relationship with the other parent and each shall refrain from conduct that undermines or may undermine a positive relationship between the Minor Children and the other parent. The parents shall not cause the Minor Children to act as intermediary between them, nor shall either parent criticize the other in the presence of the Minor Children. Each parent shall communicate to the other all relevant information concerning the Minor Children’s physical or emotional health, education, and welfare. Each shall have equal access to the Minor Children’s health, educational, and other records. Each shall promptly notify the other of illness,accident, or other serious matter affecting the Minor Children and shall endeavor to make a joint decision in order to further their best interests. Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 1 of 11 Each parent shall have equal access to complete, detailed information from any pediatrician, general physician, dentist, consultant or specialist attending the Minor Children, for any reason whatsoever, and shall be furnished with copies of any reports given by the latter or any of them to the other parent. The Father and the Mother shall each be entitled to have complete, detailed information from any teacher or school giving instruction to the Minor Children, or which the Minor Children may attend, and to be furnished with copies of all reports given by them, or any of them, to the other parent. Each party shall give the other reasonable notice of any school holidays, vacation periods, special events at school or other extracurricular activities of any nature such as parent open house, recitals, sports events, performances or other similar events where parents normally observe or participate in the activities of the Children, so that each party may attend those activities. Both parties shall have the right to visit the Children at school or to consult with the teachers, and each parent shall so notify the Children’s school. Each parent shall be entitled to complete, detailed information directly from any teacher or school giving instruction to the Children, or which the Children may attend, and to be furnished with copies of all reports given by any of them to the other parent. Each party shall have the right to notify the school of his or her desire for information and notice, and the other party shall cooperate with such request. The parties shall also have the right to request that the school or counselor of the Children notify them of any and all teacher conferences or counseling sessions or meetings involving the Minor Children; and both parties shall have the right to be in attendance at such meetings, so that they may agree, ifpossible, with regard to a course of action designed to nurture the educational and psychological development and growth of the Minor Children. It is the intention of the parties that both parents shall have the right of the guardian of the person of said Minor Children with respect to this subparagraph. Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 2 of 11 This Order shall act as an ABSOLUTE RELEASE to allow any teacher, school counselor, principal, social worker, school administrator, physician, psychologist, psychiatrist, dentist, any other practitioner of the healing arts, or other person or entity to release the above-mentioned information to either parent at any time, whatsoever. In the event that this RELEASE is deemed insufficientby the provider, and said provider requests or requires any additional documentation or forms to be executed by the parties so as to effectuate the terms of this paragraph, each party shall promptly execute such documents as may be requested and promptly return said documents to the provider, or the other party, as may be appropriate. 2. Legal Custody The parents shall share joint legal custody of the Minor Children, as contemplated by O.C.G.A. § 19-9-6. The term “joint legal custody” contemplates joint decision-making by Mother and Father in all major matters affecting the welfare of the Minor Children, including, but not limited to, choice of schools and education, summer camps and activities, medical and dental treatment, treatment and/or counseling for emotional and behavior problems, and religious training. Through shared legal custody they will best serve the interests of the Minor Children to develop into happy, educated, and moral adults, capable of making a contribution to their family and society. The success of sharing legal custody requires that they, as parents, confer and agree on decisions affecting the Minor Children. In order to accomplish this, the parents shall attempt to make mutual decisions as to all major matters contained in this paragraph affecting the Minor Children and maintain consistent roles in the two households, calculated to promote their best interests. Except as otherwise provided herein, in the event that the parents cannot agree on matters affecting the Minor Children, after consulting with each other as to same, then Mother shall have final decision-making authority on all major issues, including, but not limited to, the Minor Children’s healthcare, extracurricular activities, social media, and education. The parties shall be allowed to worship at their respective religious sanctuaries and/or communities when they have physical custody of the Minor Children. Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 3 of 11 Day to day decisions of a routine nature, including, but not limited to, routine discipline, bedtimes, scheduling of homework, and the like, shall be made by the parent who is parenting the Minor Children at the time the decision is to be made. Minor emotional upsets on the part of the Minor Children shall be handled by the parent who is parenting the Minor Children at the time. 3. Physical Custody Mother shall be designated the primary physical custodian of the Minor Children, and Father shall be designated the secondary physical custodian of the Minor Children. Although itis understood that the parties may jointly agree to additional or alternative parenting time with the Minor Children for either party, absent an agreement, the schedule in the following subparagraphs shall govern their respective parenting time with the Minor Children. A. Regular Weekend Parenting Schedule I. The Regular Parenting Schedule is a routine for the parents’ rights of custodial time with the Minor Children which starts over and repeats monthly or every two weeks, depending on the address of the parties’ primary residence. The Regular Parenting Schedule begins on the First (1st) weekend after the execution of this Order. a. So long as the Parties’ residences remain One Hundred Fifty (150) miles apart or more, Father shall be entitled to Parenting Time with the Minor Children Two (2) weekends per month, beginning on the first and third Fridays of the month from the time school ends, or if no school is in session at 9:00 a.m. until the following Sunday at 6:00 p.m. In the event that the Children are not scheduled to attend school on the following Monday, and at Father’s election, with appropriate notice to Mother, Father may extend his weekend visitation to the following Monday at 6:00 p.m. These times may need to be flexible due to either Party or the Minor Children traveling for the visitationperiod. Should Father be unable to exercise the weekend visitations, he shall provide appropriate notice to Mother. Mother will have the Minor Children with her at all other times. Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 4 of 11 b. Father shall have the choice of whether to travel and exercise visitation in the locale of Mother’s residence, to have the Minor Children transported by Mother to Father’s residence, or to fly the Minor Children to the locale of Father’s residence. Father shall notify Mother in writing at least thirty (30) days in advance of his scheduled weekend on what travel option has been selected. In the event father elects for the Minor Children to be flown to him, Mother shall cooperate, including transporting the Children to the airport and seeing them to the gate safely, such that the Minor Children are on their flight on time. Father shall be responsible for any flight arrangements and costs. c. In the event the Father relocates his residence within One Hundred Fifty(150) miles of the Mother’s residence, Father shall have the Minor Children for his Parenting Time on alternating weekends. These weekend time periods shall begin from the time school ends on Friday, or if no school is in session at 6:00 p.m. on Friday, until the following Monday when the Minor Children are returned to school or 9:00 a.m. if no school is in session on Monday. Mother will have the Minor Children with her at all other times. This “Regular Parenting Schedule” shall be subject to any holiday or summer visitation as described below. B. Summer Vacation Father shall have the Children for Six (6) weeks during the Children’s summer vacation from school. This visitation shall be exercised in Two (2) separate Three (3) week periods. For the purposes of this paragraph, Summer shall be defined as beginning the first full week following the release of school for summer vacation until the last full week prior to the commence of school the following school year. A week shall be defined to consist of Seven (7) days, and unless otherwise mutually agreed upon, the week shall be defined to begin on Saturday at 9:00 a.m. and to end on the following Saturday at 6:00 p.m. The Parents shall confer with each other each year to confirm the Minor Children’s school breaks/vacations. Father shall give reasonable notice to the Mother of his desire for this Summer Parenting Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 5 of 11 Time, but in no event shall such notice occur later than April 15th of each year. In the event that Father fails or refuses to give notice prior to April 15th, his summer visitation will not be waived, however his Summer Parenting Time shall be subject to and inferior to any planned vacation by Mother so long as Mother leaves Father an opportunity to exercise a full Six (6) Weeks of Visitation in Two (2) Three (3) week blocks. The Regular Weekend Parenting Schedule shall apply when neither parent is exercising Summer Vacation parenting time pursuant to this section. The Holiday Schedule shall supersede the Summer Vacation parenting time. C. Holiday Schedule To resolve any conflicts in the visitation provided under this schedule, the holiday and special visitation set forth below shall take precedent over the regular parenting schedule and the Summer parenting time. The following Holiday Table lists the specific holiday parenting schedules, specifying the parents' years, odd or even or both, and the starting and ending days and times. Holiday Time Every Even Odd (from when / to when) Year Years Years Easter Weekend From 6:00 p.m. on the Friday before Easter to 6:00 p.m. Father Mother the following Monday when the Children are returned to school, provided that it does not conflict with Spring Vacation described below. Should a conflict exist, Spring Break shall control. Mother's Day From 9:00 a.m. to 6:00 p.m. on the Friday before Mother’s Mother Day until 6:00 p.m. on Mother’s Day. Memorial Day From 6:00 p.m. on the Friday before the holiday to 6:00 Father Mother Weekend p.m. the following Monday (Memorial Day). Father's Day From 9:00 a.m. to 6:00 p.m. on the Friday before Father’s Father Day until 6:00 p.m. on Father’s Day. This time shall not count towards Father’s Six Weeks of summer vacation. Spring Break From 6:00 p.m. on the day school lets out for vacation, Father Father until 6:00 p.m. on the day before the Children return to school. July 4th From 6:00 p.m. on July 3rd until July 5th at 6:00 p.m. Mother Father Labor Day Weekend From 6:00 p.m. the Friday before Labor Day to 6:00 p.m. Mother Father the following Monday (Labor Day). Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 6 of 11 Thanksgiving From 6:00 p.m. on the day the school lets out for Mother Father Weekend Thanksgiving to 6:00 p.m. the Sunday following Thanksgiving. Christmas Part 1 From 6:00 p.m. on the day the school lets out for Father Mother Christmas Break until 12:00 p.m. (noon) on December 26th. Christmas Part 2 From 12:00 p.m. (noon) on December 26th until 6:00 p.m. Mother Father the day before school resumes. Children’s Birthdays In years that the Children spend their birthday with the Mother Father assigned parent under this schedule, the parent not having custody shall be allowed to attend any party being had on behalf of the Children on the Children’s birthday. D. Definition of Visitation Days The Regular, Summer, and Holiday visitation schedules shall be defined by the Public-School Calendar in which the Children attend school or are zoned to attend or the official calendar for the private school the Children attend. 4. Transportation Unless otherwise provided herein or agreed to by the parents in writing, for all custodial changes, for any parenting time occurring in Father’s locale, each party shall be responsible for transporting the Children to and from their respective airport. For any parenting time taking place local to the Mother’s residence, Father shall be responsible for retrieving the Children from, and returning the Children to the Mother’s residence in a timely manner. The parties may agree that the exchange place for the Minor Children be the school, home of the Minor Children, or airport as may be applicable to the situation so long as said agreement is in writing. The parties shall ensure that the Minor Children travel with adequate and appropriate clothing, medication, and personal items for their visitation. Due consideration shall be given to the duration, season and climate of the visitation destination as well as any scheduled extra-curricular activities. The Children shall also be properly fed and bathed before their visitation with the other Parent. If the Minor Children are traveling by air, bus, or train, a Parent or agreed upon Third Party shall accompany the Children on their trips until the Minor Children each reach the age of Fourteen (14). Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 7 of 11 Each parent shall be responsible for making sure that their residence where the Minor Children will be staying provides certain basic necessities such as running water, electricity, and heat. Both parents shall keep theirresidence in an appropriate, livable,and clean condition while they are parenting the Minor Children. 5. Notice of Proposed Changes Both parents shall give the other as much advance notice as possible of an anticipated change or need for change in visitation, but in no case less than Twenty-Four (24) hours prior to the scheduled visitation, except in the case of a genuine emergency. 6. Communication/Children’s Whereabouts The Father and Mother shall be entitled to reasonable and liberal, uninterrupted contact on a daily basis when the Minor Children are being parented by the other parent, on a reasonable basis and in accordance with the needs, schedules, and desires of the Children. For purposes of this paragraph, reasonable telephone access shall be defined as at least One (1) telephone and/or video chat with the Minor Children on a daily basis, said call to be for a reasonable duration of time. Should the Minor Children have their own cellular device, the Mother and Father shall contact the Minor Children through that device to satisfy this daily contact provision after the Children have attained the age of Ten (10). Neither party shall conduct themselves in any way deliberately intending to or having the effect of depriving the other party of this meaningful contact. Each party shall give the other a telephone number where the Minor Children can be located on a regular basis. In the event that either of the parents shall not be at their residence for more than a consecutive Forty-Eight (48) hour period during their custodial periods, that party shall provide the other party with a temporary telephone number (which number may be the cellular telephone number of the other party or the telephone number of a contact who can reach the party and the Minor Children if not reachable by cell phone). Each party shall keep the other party informed as to the health and whereabouts of the Minor Children, including an address and phone number where the Minor Children Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 8 of 11 may be reached if away from his/her normal place of residence overnight. Each parent shall supply his or her valid cell and home telephone numbers and email addresses to the other parent and shall immediately notify the other of any change in telephone numbers and email addresses; however, neither parent shall utilize the privilege of contact with the Minor Children by telephone to harass or otherwise interfere with the other, or with the other parent's time with the Minor Children, nor shall either parent interfere with reasonable communications between the Minor Children and the other parent. 7. Well-Being of the Children Mother and Father shall provide the Minor Children with suitable and proper housing, food, and clothing as well as parental supervision. Further, neither parent shall knowingly expose the Minor Children to any condition or circumstance which is illegal, dangerous, immoral, or which may detrimentally affect the Minor Children’s health, education or welfare. In conformity with the intent of this paragraph, each shall share with the other, any passwords or other identifying information necessary to access the Minor Children’s phone and other electronic devices, as well as to access their social media avenues including, but not limited to, Facebook, Instagram, Snapchat, YouTube and the like. No parenting time shall interfere with the health (physical or emotional), education or welfare of the Minor Children; however, no parenting time shall be unreasonably withheld from the other parent. 8. Non-Disparagement The parties shall exert every reasonable effort to maintain free access and unhampered contact between the Minor Children and each of the parties, and to foster a feeling of affection and respect between the Minor Children and the other party. Neither parent will use the Minor Children to manipulate the other parent, or to use the Minor Children as a means of communicating with the other parent on matters concerning the Minor Children. By way of example, if either parent is seeking permission from the other to transport the Minor Children home from a special event during that other parent’s custodial time, or to do something special with the Minor Children affecting the other parent’s custodial time, the parent Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 9 of 11 making the special request shall do so out of the hearing of the Minor Children. 9. Relocation If either parent decides to relocate away from his or her current residence, the moving parent will give the other parent written notice of the intent to relocate no less than Sixty (60) days prior to the date of moving, if at all possible, together with the complete address and new telephone number of the new residence. 10. Emergency Decisions The parent with physical custody will make day-to-day decisions and emergency decisions while the Minor Children are residing with such parent. For purposes of this Parenting Plan Order, “Emergency” is defined as a life-threatening situation where 911 has been called or where the Minor Children have been rushed to hospital. If a decision must be made in an emergency, then the party who has physical custody of the Minor Children at the time may make the decision after first trying to reach and consult with the other party, time permitting. Thereafter, the party making the decision shall continue to attempt to notify the other party and shall do so until the other party is contacted. If either of the parties has knowledge of any serious illness, injury, accident, or other matter seriously affecting the well-being of the Minor Children, he or she, as the case may be, shall promptly notify the other by the most expeditious means possible and, except in emergencies, shall not take any serious action regarding the Minor Children without consulting the other. “Serious illness” or “injury” includes any illness or injury which confine the Minor Children to bed for Two (2) or more days, involves stitches or broken bones or requires hospitalization. 11. Travel Within the Continental United States In the event either parent would like the Minor Children to travel within the Continental United States outside of the State of the parent’s residence for a period exceeding Two (2) days during their parenting time, he or she shall notify the other party at least Seven (7) days prior to the date of departure. Such party shall provide a travel itinerary including, but not limited to: travel schedule, destination and lodging accommodations. 12. Travel Outside the Continental United States In the event either parent would like to travel outside Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 10 of 11 the Continental United States with the Minor Children, he or she shall notify the other party with this information Thirty (30) days prior to the date of departure. The party traveling with the Minor Children will provide a travel itinerary including but not limited to, travel schedule, destinations, flight information including departure times, arrival times, airline and flight numbers, lodging accommodations including addresses for same, entertainment, phone numbers, and names of travel companions. Neither parent shall unreasonably withhold any signatures or other notarized authorization needed in order to allow the Minor Children to travel outside of the United States, including any such cooperation for the obtaining of or renewal of the Minor Children’s passport. Mother shall hold the Minor Children’s passport when said Children are not traveling. B. CHILD SUPPORT In that Father will now incur expenses to secure his parenting time, Father’s monthly child support shall be given a deviation, and he shall now pay Seven Hundred Seventy-Four and 00/100 ($774.00) per month to be paid on the first of each month beginning January 1, 2022. C. MISCELLANEOUS Any provision of the parties’ March 10, 2017 Final Judgment and Decree of Divorce not modified herein shall remain in full force and effect pending further order of this Court. SO ORDERED, this 2nd day of February, 2022 nunc pro tunc to December 16, 2021. Digitally signed by Warren Davis, Judge Date: 2022.02.02 15:04:10 -05'00' THE HONORABLE WARREN DAVIS Judge, Gwinnett County Superior Court *Prepared and presented by counsel for Petitioner, edited by the Court as necessary Joshua N. Lawson v. Scarlette N. Lawson Emergency Temporary Order Civil Action File No. 21-A-09347-10 Page 11 of 11