Petition for Modification
(Various Visitation Problems)
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IN THE CIRCUIT COURT OF UPSHUR COUNTY, WEST VIRGINIA
CINDY BLOW,
formerly, CINDY SNOW,
Plaintiff/Respondent,
VS. CIVIL ACTION NO. 95-D-ABC
GEORGE BLOW,
Defendant/Petitioner.
PETITION FOR MODIFICATION
Comes now the Petitioner, GEORGE BLOW, by his attorney, James Wilson Douglas, pursuant to West Virginia Code 48-2-15, and in and for his Petition for Modification, does aver, depose and say:
I
That the Petitioner is a resident of the State of West Virginia, and he receives his mail at Box N, Weston, West Virginia 20000.
II
That Respondent, CINDY BLOW, is a resident of the State of West Virginia, and she receives her mail at 100 Main Street, Weston, West Virginia 20000.
III
That the Parties hereto are the natural parents of two (2) infants, to-wit: Michelle Blow and Janelle Blow.
IV
That the said Petitioner and the Respondent were formerly husband and wife, whose bonds of matrimony were legally dissolved by Decree of the Circuit Court of Upshur County, West Virginia, entered on or about the 5th day of September, 1990.
V
That by the third (3.) paragraph of the Court's September 5, 1990 Order, which was entered by the said Court on the same day, the sole care, custody and control of the aforesaid infants, was awarded, consigned and given to the Respondent hereto, with the Petitioner having the rights of reasonable visitation reserved; and although no specific visitation structure was adopted or imposed, the Parties later entered into a visitation agreement dated September 11, 1993, and approved by the said Court on August 10, 1994.
VI
That Petitioner avers that a material change of circumstances, not in contemplation of the Parties at the time of the entry of the aforesaid Divorce Decree, warrants an alteration of the aforesaid Order, originally entered in said matter, said changed circumstances, subsequent to the entry of said Divorce Decree, being:
(a) that Respondent willfully, intentionally, deliberately and systematically has denied the Petitioner any visitation, interaction, telephonic access or contact with said infants;
(b) that Respondent has failed, neglected and refused to keep Petitioner apprised of said children's scholastic progress, athletic endeavors, school activities or the general state of their health and welfare;
(c) that Respondent has subjected said infants to an environment of isolation, separation and alienation from the Petitioner, their natural and biological father; and
(d) that Petitioner, on three (3) prior occasions, has been compelled to seek enforced visitations from the Circuit Court of Upshur County.
VII
That a modification of the aforesaid Divorce Decree awarding sole custody of said infants to the Petitioner, with reasonable rights of visitation to the Respondent, superseding the present provisions regarding custody and visitation, would:
aggrandize the best interests and advance the general welfare of the aforesaid infants, lessen the domestic disruption of the infants aforesaid, and provide an aspect of predictability, paternal interaction and stability for said infants, heretofore absent or lacking in the original custody and visitation scheme.
VIII
That the modification hereby sought will promote the general welfare of the aforesaid infants, and otherwise will be to their material benefit; and the relief hereinafter prayed for will work no substantial injury to any party hereto.
IX
That aside from certain questions of interpretation, Petitioner has complied with the prior orders of the Court in all respects; and said Petitioner has faithfully, consistently, regularly and promptly paid child support and maintenance for said infants, per Paragraph 4. of said September 5, 1990 Divorce Decree.
X
That the causes for the relief requested by the Petitioner herein are not the result of his own voluntary acts or negligence.
PRAYER
WHEREFORE, Petitioner prays that this Honorable Court modify the September 5, 1990 Divorce Order and the August 10, 1994 Order of Modification, heretofore entered in this action, to cause the children born of the former marriage of the Parties hereto to be placed in the sole custody of the Petitioner; that the aforesaid September 5, 1990 and August 10, 1994 Orders be further altered to include Schedule "A" Visitation as the definitive structure regarding the same; that Petitioner be awarded child support in accord with the application of the Melson Formula; that Petitioner be granted automatic withholding of any child support award from the Respondent's wages in an amount consistent with that permitted by law, pursuant to West Virginia Code 48-2-15b; that the Petitioner be awarded his court costs and attorney fees in this behalf expended; and that Petitioner be granted such other and further relief as this Honorable Court may deem equitable, proper, just, and in the premises, meet, he will ever pray, etc.
IN THE ALTERNATIVE, Petitioner prays that the aforesaid September 5, 1990 and August 10, 1994 Orders be modified to impose Schedule "A" Visitation, as the governing paradigm for the same, including a provision for assistance of the Sheriff in the enforcement; that this Court formulate, establish, implement, apply or otherwise invoke a visitation adjustment policy and consequent award to your Petitioner, pursuant to West Virginia Code 48A-5-7; and that the Petitioner be awarded his court costs and attorney fees in this behalf expended; and that Petitioner be granted such other and further relief as this Honorable Court may deem equitable, proper, just, and in the premises, meet, he will ever pray, etc.
GEORGE BLOW
By Counsel
______________________________
JAMES WILSON DOUGLAS
Attorney at Law
100 North Hill Road
Post Office Box 425
Sutton, West Virginia 26601