IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
AT INDEPENDENCE
In Re the Matter of:
KEITH S. SMITH
By and through his Next Friend,
SCOTT R. SMITH,
and
SCOTT R. SMITH,
Petitioners,
and
MEGAN R. JONES
Respondent.
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Case No. 0816-FC00000
Division 30
AFFIDAVIT OF RESPONDENT REQUESTING PETITIONER’S PETITION
FOR DECLARATION OF FATHER_CHILD RELATIONSHIP PURSUANT TO
RULE 68.3.1
Respondent upon her oath submit the following affidavit pursuant to Circuit Court
Rule 68.3.1 to form a basis for the Court’s entering judgment in this case upon affidavit
and without the necessity of a formal hearing.
1.
The Petition in this case was filed on September 4, 2008.
2.
Respondent filed a responsive pleading on or about October 21, 2008.
3.
Co-Petitioner Scott S. Smith has been a resident of the State of Missouri
for more than ninety days next preceding the commencement of this proceeding,
currently residing in 123 Elm, Independence, Jackson County, Missouri 64052.
4.
Respondent has been a has been a resident of the State of Missouri for
more than
ninety days next preceding the commencement of this proceeding, currently residing
currently residing in 345 Oak, Independence, Jackson County, Missouri 64052.
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5.
Thirty (30) days have elapsed since the filing of the Petition and
Declaration for Paternity, Custody and, Visitation, Support of Minor Child.
6.
Petitioner Keith S. Smith is a male child born on the 16th day of August,
2008, in Blue Springs, Jackson County, Missouri.
7.
The birth of Keith S. Smith is recorded with the Bureau of Vital Statistics
of the State of Missouri.
8.
Respondent, Megan R. Jones, is the biological mother of Keith R. Smith
and over the age of 18.
9.
Co-Petitioner is an adult male person over the age of 18.
10.
Co-Petitioner and Respondent engaged in sexual intercourse with each
other during the months of conception of the minor. As a result of such sexual
intercourse, Respondent gave birth to the minor child Keith S. Smith, on the 16th day of
August, 2008, in Jackson County, Missouri. Accordingly, jurisdiction is proper pursuant
to Mo. Rev. Stat. Section 210.829.
11.
The present address of the minor child Keith S. Smith is 345 Oak,
Independence, Jackson County, Missouri 64052, where he resides with Respondent.
The minor child has resided with Respondent in Independence, Jackson County, Missouri
since the child’s birth on May 16, 2006. Accordingly, Missouri is the minor child’s home
state, pursuant to the UCCJEA.
12.
Neither Co-Petitioner nor Respondent are members of the United States
Armed
Forces or its Allies currently on active duty.
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13.
Neither Co-Petitioner nor Respondent have participated in any other
litigation concerning the custody of the minor child in this State or any other state. CoPetitioner and Respondent have no information of any custody proceeding in this State or
any other state, and know of no person not a party to these proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the
child.
14.
More than thirty days have elapsed since Co-Petitioner filed his Petition.
15.
Co- Petitioner consented to have his name placed on the birth certificate of
the child indicating he was the father Keith S. Smith. Both Co-Petitioner and Respondent
have acknowledged that Co-Petitioner is the natural and biological father of Keith S.
Smith. Accordingly, pursuant to Section, 210. 822.2. Accordingly, Petitioner is this
presumed as the natural and biological father of Keith S. Smith. This presumption is not
rebutted by clear and convincing evidence.
16.
Respondent has been the primary caretaker and custodian of the minor
child since her birth.
17.
Petitioner is not on active duty with the Armed Forces of the United States
of America or its allies.
18.
Co-Petitioner’s Social Security Number is on file with the Court.
19.
Respondent’s Social Security Number is on file with Court.
20.
Co-Petitioner is represented by James A. Adams.
21.
Respondent is represented by, Patricia M. Scaglia.
22.
Petitioner is currently employed with DEF, Co.
23.
Respondent is currently employed with ABC, Inc.
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24.
Co-Petitioner and Respondent are both fit and proper persons to have
physical and legal custody of the minor child, Keith S. Smith.
25.
By agreement of the parties, Co-Petitioner and Respondent shall have joint
legal and joint physical custody of the minor child, with Respondent’s address designated
as the child’s address for educational and mailing purposes.
26.
The parties have entered into an Joint Parenting Plan on this _____
day of September, 2009, wherein all issues of child custody, parenting time, child
support, past due child support, health insurance coverage for the minor child,
unreimbursed medical expenses for the minor child and income tax dependency claims
for the minor child have been resolved. This Joint Parenting Plan is attached to this
affidavit and incorporated herein by reference.
27.
Co-Petitioner and Respondent acknowledge and agree that this Joint
Parenting Plan is the best interests of the minor child and are willing to abide by the
terms and conditions of said Joint Parenting Plan.
28.
Accordingly, there remains no genuine issue at to any material fact.
29.
Co-Petitioner and Respondent are unaware of any genuine issue as to any
material fact in this proceeding.
30.
Respondent’s Statement of Income and Expenses (Form 1402A) and
Amended Statement of Assets and Debts (Form 1402B) are attached to this affidavit and
incorporated herein by reference.
31.
Each party shall pay his own attorney’s fee and costs.
32.
Court costs which have been prepaid shall be assessed to Co-Petitioner.
FURTHER SAITH NOT.
Signature:_________________________________
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Printed Name: MEGAN R. JONES
RESPONDENT
STATE OF MISSOURI
COUNTY OF JACKSON
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SS.
Megan R. Jones, of lawful age, being duly sworn on her oath states that she is the
Respondent named above; that the facts stated therein are true according to the best of her
knowledge and belief.
_________________________________
Megan R. Jones
Subscribed and sworn to before me, the undersigned Notary Public, this
________ day of ___________________, 2009.
_________________________________
Notary Public
My Commission Expires:
_________________________________
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