Affidavit for Paternity Judgment - the Missouri Bar

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, ) Case No. 0816-FC00000
) Division 30
and )
)
MEGAN R. JONES )
)
Respondent. )
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.
5. Thirty (30) days have elapsed since the filing of the Petition and Declaration for
Paternity, Custody and, Visitation, Support of Minor Child.
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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.
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. Co-Petitioner 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.
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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.
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.
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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:_________________________________
Printed Name: MEGAN R. JONES
RESPONDENT
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STATE OF MISSOURI )
) SS.
COUNTY OF JACKSON )
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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