1. That my name is SO and I am the Plaintiff in this matter. This Affidavit is made in support of Motion to Modify Interim Custody and Motion for Contempt.

2. I am the natural father of SD3 DOB:

3. Defendant is SD3's natural mother. (want to add egg donor here if I could)

4. Defendant and I have never been married.
(SO got smarter)

5. I commenced the above-entitled paternity action in order to establish that I am the natural and legal father of SD3 and to establish parenting time arrangements that are in SD3's best interests.
( some leagel wording)

6. On March 26, 2012, the parties appeared in front of the Court and put on the record the agreement entered into between the parties for interim parenting time. This hearing took place as a result of my Emergency Motion for Interim Custody dated March 20, 2012.

7. The Court made clear at that time to both parties that the agreement entered into between the parties became the Court’s order as to the same at that time. Thus, the Order existed and, considering that Defendant was present and the Order was based on the agreement of the parties, Defendant had knowledge of its existence.
( the bitch knew it was an order)

8. The parties are still waiting for written entry of the Court’s order on the basis that Defendant is attempting to include an additional provision into the Court’s Order that was not part of the agreement of the parties, was not of record, and therefore was not ordered by the Court. As set forth below, Defendant has contemptuously exploited this delay (of her own making) by using law enforcement to take the child away from me.

9. Since our hearing of March 26, Defendant has willfully and/or contumaciously disobeyed the Court’s Order in the following ways:

 Defendant is now completely denying me physical access to the minor child and has stated she will continue to do so until there is a court order signed by the judge or her lawyer tells her she has to. There is no basis for these actions, they are detrimental to SD3 and this is in direct violation of the Court’s Order which was entered on the record on March 26.

 On February 12, and May 27th she called law enforcement to take the child from me, even though it was my time to have her. This is the second time she called law enforcement to do this and demonstrates terrible judgment that is not in SD3's best interest. Even if, for the sake of argument only, it was not my parenting time, Defendant’s involvement of law enforcement (for the second time) is inappropriate and in violation of Paragraph 1.4 of the OUR STATE's Parenting Time Guidelines. Again, Defendant is exploiting the fact that there is not a written order in place (because she and her lawyer insist there should be an additional provision in the order to which we did not agree – and which the Court did not order). It also violates the Court’s order prohibiting actions estranging the child from the other parent.

 She is not providing me the opportunity to care for SD3 when she is unavailable, but rather turns SD3 over to her sister. This happens as Defendant has been working late and is a violation of Paragraph 1.15 of the OUR STATE's Parenting Time Guidelines, which were incorporated into the Court’s Order.

 Defendant filed a meritless Petition for a Protection Order against me, seeking to prevent me from having contact with both her and SD3. Defendant’s Petition does not even allege any physical danger, but rather that I am a “flight risk.” This, of course, is not true and the Honorable Judge "Saw through BM" denied the temporary protection order. Attached is a true and correct copy of the protection order paperwork which was served on me.

10. Defendant clearly had the ability to refrain from these acts and such demonstrates her disregard for the Court’s Order.

11. Defendant’s actions are absolutely not in our child’s best interests and demonstrate that she will go to great lengths to exert control over me and to sabotage the relationship between SD3 and me.

12. Her acts have likewise affected the stability of SD3's environment, particularly when involving law enforcement.

13. As previously set forth in my Affidavit of March 12, 2012, I had SD3 for the majority of the year prior to the matters before the Court and such was by mutual agreement of the parties. Thus, Defendant cannot rightlfully claim that my residence is unsuitable for SD3, that I am not a suitable candidate for primary physical custody or that I am any type of flight risk.

14. Therefore, in light of what is set forth above, I am requesting that the Court enter its Order modifying the existing Order to provide me with primary physical and sole legal custody of SD3 during the pendency of these matters, with Defendant to have supervised visitation at the Family Visitation Center in OUR CITY at her expense.
( i understand this isn't likely to have happen but it will still send BM off her rocker when she reads this)

15. I further request that the Court hold Defendant in Contempt of Court and/or sanction Defendant for knowingly and willfully or contumaciously disobeying this Court’s Order of March 26, 2012.

16. I further request that the Court order Defendant to pay the attorney’s fees I have been forced to incur as a result of Defendant’s actions.
(Going to send BM through the wall)

Just love how good our lawyer is with words sometimes. When u read it it sounds cut and dry but I know that it won't be but when BM gets served she is going to freak out.