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STATE OF INDIANA ) IN THE JOHNSON CIRCUIT COURT

) SS:
COUNTY OF JOHNSON ) CAUSE NUMBER 41C01-1808-JC-000097
41 C0l-1808-JC-000096
IN RE: THE MATTER OF
DENVER FRANCIS
ASPEN FRANCIS

EMERGENCY MOTION FOR PLACEMENT OF CHILDREN WITH


BIOLOGICAL MOTHER

COMES NOW, Lacey Morse, Mother, by counsel, Valerie Horvath, and files her

Emergency Motion for Placement of Children with Biological Mother and in support

thereof states as follows:

1. The State of Indiana ("State") and/or The Department of Children's

Services ("DCS") failed to perform the necessary due diligence to locate the biological

mother of Denver Francis and Aspen Francis (collectively, the "children").

2. The State and/or DCS relied on the information provided by the Father

that the Mother was a "meth head" and he did not know her whereabouts.

3. The State and/or DCS failed to secure necessary information from the

State of Oklahoma, the children's home state, which would have shown that Mother was

the appropriate placement for the children.

4. The State of Oklahoma has jurisdiction over the children and is the

appropriate forum for any custody determination. Mother completed all terms of

probation and/or as requested in Oklahoma DCS matter. See attached documents attached

hereto and incorporated herein as Exhibit A.

5. Had the State and/or DCS performed the appropriate due diligence and/or

requested the appropriate records, it would have placed the children with the mother and

there would be no pending CHINS matter.


6. An Interstate Compact on the Placement of Children ("ICPC") home study

should be ordered to evaluate mother's house in Oklahoma for placement.

7. Mother has safe, clean and appropriately furnished living arrangements.

See Lease attached hereto and incorporated herein as Exhibit B. See also photos of

Mother's home attached hereto and incorporated herein as Exhibit C.

8. Mother requests that the children be placed in her custody and authorized

to return to their home state of Oklahoma. In the alternative, Mother requests that she be

granted video conferencing with the children once per week through the current

placement and that said video conference be supervised as she anticipates that the current

relative placement will not be amenable to comply with an order for communication.

Said relative recently told Mother that she "should just kill herself'.

WHEREFORE, Lacey Morse, Mother, requests that the children be placed in her

custody and authorized to return to Oklahoma and all other relief as is just and proper.

Respectfully Submitted,

/sNalerie Horvath
Valerie Horvath #21449-49

HAND PONIST HORVATH SMITH & RAYL


1512 N. Delaware St.
Indianapolis, IN 46202
317-964-6000
317-927-807 4 FAX
vhorvath@handponist.com

2
STATE OF INDIANA ) IN THE JOHNSON CIRCUIT COURT
)SS:
COUNTY OF JOHNSON ) CAUSE NUMBER 41C0l-1808-JC-000097
4 I CO l-1808-JC-000096
IN RE: THE MATIER OF
DENVER FRANCIS
ASPEN FRANCIS

EMERGENCY MOTION TO STAY UNSUPERVISED


VISITATION WITH FATHER

COMES NOW, Lacey Morse, Mother, by counse~ Valerie Horvath, and files her

Emergency Motion to Stay Unsupervised Visitation with Father and in support thereof

states as follows:

I. Father has six (6) Driving Under the Influence ("DUI") arrests/convictions

in two (2) states, Oklahoma and Indiana.

2. Father has a history of Domestic Violence ("DV") arrests and convictions

in Oklahoma. See news article and certified business records of criminal history attached

hereto as Exhibit A.

3. Immediately prior to the recent accident which led to the filing of this

action, Father threatened Mother that he would kill himself and the children if she

wouldn't take him back.

4. The recent accident is not a simple DUI case, this is a DV case with

incredibly high lethal risks of murder-suicide.

WHEREFORE, Lacey Morse, Mother, requests that Court stay the Order for the

children's unsupervised visitation with Father and all other relief as is just and proper.
To: 3171364580 From: 13179173695 1-09-19 11:51pm p, 1 of 3

IN THE DISTRICT COURT OF WOODW COUNTY


STATE OF OKLAHOMA
JOSHUA FRANCIS, )
Petitioner, )
v. ) FP-2017-9
)
LACEY MORSE, )
Respondent. )

ER

COMES NOW the Respondent and moves this Court to issue emergency temporary order. In
support of this motion, the Respondent informs the Court as fol ows:

1. Irreparable harm will result to the minor children, D ver Francis, born October 9,
2014 and Aspen Francis, born April 12, 2016, and spondent if the Court does not
enter an emergency order granting emergency custo y of the minor children to
Respondent.

2. The Petitioner has subjected the minor children to p ysical and mental abuse.

3. The Petitioner currently has outstanding warrants in Woodward County.

4. The Petitioner has a pending criminal charge in Indi a for an incident involving him
driving intoxicated with the minor children and wre king.

5. Petitioner should be restrained from harassing or inj · g the Respondent or the


minor children in any manner and from going on or bout Respondent's place of
residence or place of employment.

WHEREFORE, Respondent, Lacey Morse, prays that ·s Court enter an Emergency


Temporary Order without prior notice to Petitioner plac ng ex.elusive care, custody and
control of the minor children with the Respondent until er order of this Court.

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To: 3177364580 From: 13179173695 1-09-19 12:52pm p. 3 of 3

VERIFICATION

STATE OF _ _ __ )
) ss:
COUNTY OF _ _ _ __ )

Lacey Morse, oflawful age, being first duly sworn, up n oath deposes and states: I am
the Respondent named above. I have read the foregoins doc ent and understand its contents. I
hereby state that the facts set forth in the foregoing document ·e true and correct to the best of
my knowledge and belief.

Subscribed and sworn to before me this 91b day of Jan ary, 2019.

Notary Public