STATE OF INDIANA IN THE I--IAMILTON COUNTY SUPERIOR COURT CIVIL DIVISION TWO COUNTY OF HAMILTON CAUSE NUMBER: IN RE THE MARRIAGE OF: Special Judge: Daniel J. Pfleging HEATHER MICHELLE PAYNE, :2 Petitioner, Cross--Respondent gi and 2 `Lii JOHN W. PAYNE, 3 3; Respondent, Cross-Petitioner I VERIFIED EMERGENCY PETITION SEEKING TO HE PRESENT CUSTODY AND PARENTING TIME ORDER AND FOR THE SETTING OF A HEARING AS SOON AS POSSIBLE Comes now the Respondent, Cross-Petitioner and being first duly sworn upon his oath and by his Attorney, I. Marshall Pinkus, alleges that an emergency exists which threatens the emotional and physical well being of the parties' minor children, moves this Cotu?t to set a hearing for the earliest date and time possible and in support thereof states as follows: 1. Respondent, Cross-Petitioner, hereinafter referred to as the 'Father' has compelling, independent evidence to present to this Court that will demonstrate that the Petitioner, Cross- Respondent, hereinafter referred to as the 'Mother' has conducted herself in such a fashion since the time that she has the sole physical care and custody of the children so as to endanger their emotional and physical well being. 2. Father can demonstrate to the Court that Mother has continually left the children alone, without adult supervision for many hours on almost every day that she has had the children in her em e. She ha< routinely left the children alone in her sqmninent us the evening hours only to not return until anywhere irern 4:00 A to 7.00 AM. or later. 3. Mother worked as a stripper at a strip club in Lahayntte, Indiana and forthe past several weeks, has also been wurliing as a stripper in Indmimpoiis. Instead ofreturuing Le the children at her apartment, after her workin hour are completed, she has cuntinuerl, on ina ny occaeiuns, Lu stay out until the very early morning heuri ofthe next day, leaving the children without adult supervision, 4. Father has compelling evidence to present to the Court that when the Mother is not working at the local strip club, she is also earning money as an 'escorf and again leaving Lhe children urr in her line tit`werkt1iat ecuiri create potentially dangei-our, situation lei the children. 7 Mother has entrusted the responsibility of taking care ofthe younger children (ages 10, 9 and 5) to while nie is amy. Fanier wmemis M111 is nm nurture enough and has had no training to be able to adequately tnlce care of the younger children while the Mother is away from the apattnientn l\/tothcr has placed a heavy burden on- that Father' Collieries lm; caused More impemimiy, most of these occasions have been on school nighm when-, along with other children, should be getting help tiom an adult with homework, bedtime nun bath inutines in ordex to insure they rested and able to adequately iunution and thrive at school, 8 Father can present inrlependent evidence that will show the Court that- hae been since the Fatlier hae been away from his daily -hm not only but he has also been either on numerous occasions. -has had at school, 9. Since the time Father has been able to sw the children on Sundays, they have volunteeied to ii nther, and to their paternal grandparents, .lainei and Tenie Payne, disturbing infounauon concerning then treatment by their Mother. When Father and the gi andporems emwider the indepwidcnt and reliable evidence compiled over the lint Qoveral Weeks and coinpfire that information with the ehildren's comments, their concerns for the childrens physical and emotional well being is even mme clcvated, The children have talked about the following subjects: How they are physically neatod should they mention l'nthe\'s name and express ei desire to he \vit.hhim, how they are continually looked in the fipanmeiit with nothing to do and with no ation pffsem; now the tritium are of ming tea an- me tow meer Mother, when she is home, sleeps inost of the time; how there have been other adults at the apartment that were smoking something that smelled and how they would feel much bettci and safer staying with Father and their grandparents, l0 Mother has continuously [tailed to provide apermancnt, stable, consistent and sale environment for the children. She moved hem the marital home into a weekly rental apartment, lived there for a short period oftime, and than recently moved again into another apartment, Since moving into her current location, she appears to have arranged and or encouraged one of lm strip club rleneer friends to move into the same complex very nea\'l1er apartment, 1`his rttenry-fnuf (24) year old has rr pr-rm owl, and Maurer tus aufrwed her to transport ure children. Mother has allowed this person to bring her `lJoyh'iend' into her apartment, bein the ehilrlrerfs presence, and the children have talked about their observations ofthe cnuple's behavior that raxses additional serious concerns, Father is now living with his parents, the childrens grandparents, James and Tenic Payne, leather has been going through intensive treatment that included successful and includes an |11 ogram that he has adhered to in all respects. Ilis Lkmunty ease has been resolved and contrary to the allegations marie by the Mother in her pleadings, he will not be serving any jail or prison tune. 12. Father is requesting that the children be placed nun his physical eustotly with the prnvirinn that his parents supervise all oflns parenting time and be the primary guardian/custodians nf the minor children Or in the that Lhe Court place the children inthe ternporar~y care and custody of the grandparents, Jim and Terrie Payne. The paternal are able to provide constant supervision, provide adequate beds for each child, provide a stable routine for the children to include nutritious meals, existance with homework, baths and bedtime routines and to insure that the children are properly prepared for school each day. In addition, the paternal grandmother is prepared to quit her job in order to provide the proper care that these children need and are not currently receiving from their mother. In the meantime, Father will continue to work hard to complete all of his treatment and to get himself into a position whereby he can provide a safe, loving and secure home for his children. 13. It is not in the children's best interest to remain in the Mother's care and custody in that her conduct amounts to serious neglect. 14. Father moves this Cotut to set this verified petition for an evidentiary hearing for the earliest date and time that the Court can accommodate. It is estimated that at least two (2) hours will be needed for the hearing. 15. Father's counsel would request that the Court conduct a telephone conference with counsel of record so that a date and time acceptable to the Court and counsel can be selected. Counsel would request the Court set that telephone conference for the earliest date and time possible. will give his cell phone number to the court staff so that he can be reached at almost any time of the day for the purpose of conducting the telephone conference.