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Claudine Dombrowski

P.O. Box 4974
Topeka, KS.66614
Phone: (785) 845-3417
Fax: (775) 806-3730

IN THE DISTRICT COURT
THIRD JUDICIAL DISTICT, SHAWNEE COUNTY, KANSAS
DIVISION FIVE

IN THE MATTER OF )
HALLECK G. RICHARDSON, )
AND; ) Case No. 96D-217
)
CLAUDINE DOMBROWSKI )
__________________________________ )
Pursuant to K.S.A. CHAPTER 60

MOTION TO MODIFY CUSTODY AND VISITATION

COMES NOW, Claudine Dombrowski, who is NOT represented by Counsel, and

respectfully moves this Court for an Order restoring primary residency of the parties’ minor

child, Rikki A. Dombrowski, dob 12-12-94, to Respondent and establishing a parenting plan

affording the Petitioner reasonable visitation. In Re: The “Best Interest of the Child” and in

accordance with Federal, State and the Shawnee County Family Guidelines 2003; and; as

‘Matter of Justice’ being served to all parties, regardless of their ability to pay for such justice

through an attorney or other.

IN SUPPORT of her Motion, Respondent alleges and states as follows:
1) That a Material Change in Circumstance has occurred since the last Ex-Parté Order of the

Court regarding Custody and visitation in that the Respondent has permanently changed,

and re-established her address, back to Topeka, KS. Specifically, the mother is one mile

away from Rikki’s present school, Tecumseh North and Rikki will continue to go to the

same school. The Mother also resides, approximately two miles from Rikki’s father, the

Petitioner. This, therefore, will enable the parties’ minor child to “Equal Access” to BOTH

her parents. {Shawnee County family Guidelines 2003 7.03(a)(1)(2)(4)(5)(6)(7)(8)(b) K.S.A. 60-1628 and

K.S.A.60-1610 (B)(ii)(iii)(iv)(v)(vi)(vii )

2) That a Material Change of Circumstance has occurred in that minor child of the parties is

being denied the bonding time and a meaningful, significant relationship with her mother.

Petitioner has maliciously, intentionally and fraudulently perjured himself to the Officers of

the Court, and other Law enforcement officials, hence, denying the child of her mother in

the most extreme of “Parental Interference”. {Shawnee County Family Guidelines 7.03(a)(2) and

K.S.A.60-1610(B)(vi)(vii); Ex-Parté Order of February 03, 2004, recommended by the Case Manager Lloyd

C. Swartz.}

3) That a Material Change of Circumstance has occurred in that Rikki’s primary caretaker is

not Rikki’s father, but the fathers ‘live-in” girlfriend, Julie Miller, and her mother.

{Shawnee County Family Guidelines 2003 7.03(a)(2) And K.S.A.60-1610(B)(vi) }

4) That a Material Change of Circumstance has occurred in that the live-in girlfriend, Julie

Miller, has two children also living with Rikki. The living conditions appear to be

inadequate for the number of people living in the home, as Rikki must share her room with

Julie Miller’s daughter, Danielle Traphagen, who is five years Rikki’s senior.
5) That a Material Change of Circumstance has occurred in that Julie Miller’s 9th grade son

Christopher Traphagen has shown demonstrable violence, uncontrolled by the school and

related to his own mental diagnosis of ADD, clearly showing that if this ‘Young Adult

Male’ can NOT control his violent tendencies in school, then he can NOT be expected to

control them against Rikki, who is seven years younger than he. Petitioner has forced the

primary care of our daughter Rikki, onto a woman who is NOT related and is nothing more

than a ‘live- in’ maid, cook and child care giver. Neither Julie Miller nor her Mother are

licensed by the State to care for my child. {Shawnee County Family Guidelines 2003 7.03(a)(2)

and K.S.A.60-1610(B)(vi) }

6) That a Material Change of Circumstance has occurred in a review of the plethora of

records and documents that have been made a permanent part of this case’s Court file and

record.

7) That there are several Material Changes in Circumstance to warrant a hearing and/or Order

of the Court to make a determination that is TRULY in the “Best Interest of the Child.”

8) Rikki is coming of age and into a young lady, who needs HER mother now more than ever

as she deals with the biological changes of her body and, other life issues that Rikki will be

facing as a young lady. Such as ‘social adjustments’ in her adolescence, as she grows into

her own independence and on into a ‘healthy’ adult. It is hard enough to be a teenager,

especially as a female teenager.

9) Rikki needs to be comfortable and secure enough in her own self- esteem, comfortable

enough to ask intimate questions and trusting enough to ask those questions, so that Rikki
can be armed with knowledge to be in a position for sound decision making, as she begins

her pre-teen and adolescent journey into adulthood.

10) Rikki’s own mother is best suited for this developmental phase of Rikki’s upcoming life

changes as,

A) being her mother;

B) being licensed by the State of Kansas in nursing, specializing in

clinical psychiatric nursing for over 13 years;

C) Respondent IS a stay at home mom due to a disability of her foot from

a MVA.

11) Rikki’s mother, the Respondent is ready, willing and capable of caring for her child.

Rikki would have her OWN room, which is an important aspect to a pre-teen, to which

Rikki currently does not have at her father’s house.

12) Respondent has always promoted the relationship and bonding between the Petitioner and

Rikki (even though there has been past evidence of abuse to the mother, the Respondent by

the Petitioner).

The Respondent will continue to do so, which the Petitioner, has been ‘un-willing’ and

proved that he is ‘un-willing’ to do so in the future, with Rikki and her mother, the

Respondent. {K.S.A 60-1610 (B)(vi)} Shawnee County Guidelines 7.03(a)(2)(4)(5)(7)(8)

13) It is in Rikki’s “Best Interest” to be with her natural mother as much as she can, as well

as to be reunited with her ‘maternal’ family, to which Rikki has been bonded all of her life

up until this past year when they were cut/removed from this child’s life as well, by the
issuance of an Ex-Parté Order, issued on February 3, 2004.

14) This Motion is being filed in accordance with the End Summer Shawnee County Family

Guidelines of July 15, 2005 deadline to file End Summer Motions for a Change in or

Modification of Custody and Visitation or a modification thereof.

WHEREFORE, Respondent prays the Court to enter an Order restoring primary residency of

the minor child of the parties, Rikki A. Dombrowski, dob 12-12-94, to Respondent and

establishing a parenting plan affording Petitioner reasonable visitation and for all other relief

the Court deems just and proper.

_________________________
Claudine Dombrowski
P.O Box 4974
Topeka, KS 66604
Facsimile (775) 806-3730
Telephone (785) 845-3417

(Certificate of Service on following page.)