GaIIil,cn.a.

tnfWwd: Court Docs"

EII.- LoWe <elisa404@gmail.c:om>

..coogw
Contact info

leslie Kozloski <Ikozloskl@woepa.c:om> Wed, Feb 13, 2008 at 4:14 PM
To: Elisa Lowe <elisa404@gmail,com>
Elisa,
Gus says you are under the signed Order and Judgment filed August 14, 2001.
leslie Kozloski
Wood, Odom & Edge, P.A.
(770) 253-9865
from: Elisa Lowe
Sent: Wednesday, February 13, 2008 3:54 PM
To: Leslie Kozloski
Subject: Contact info
[Quoled text hidden}

..... j/4fm()
249
Gmai! Images in "Fwd: Court Docs" Page 3 of43
FEB-13-2008 lIED 12: 04 PI! WOOf) ODOlf & EDGE PA FAX N1 770 883 9895
01.
-:..: .- LV'. ' /--1 ': ri"",oril"
f)'

A
7 CLERK OF
5UPFRltlRIJUVEN!l.E
IN THE SUPERIOR COURT Of COWETA cmtUln'Y
STATE OF GBORGrAI.
1
AUG I" PIt 4: 16
CINilY G. iJrtOWN. CI.GEJ.U'
COWETA COUNTY.
ELISA MARIB LOWEi.
Plaintiff.
CML ACIlON FILB
\'S.
NO. 2OO1-VS61
MICRABL L. LOWE,
Det'etldanl.
ORDER AND.IlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation. and Motion for
Contempt. At die hearing scheduled in this mauer, the Defendant failed to appear, ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant.
Aftr:r oonsidmtion of the evideru:e presented by die PlaindIY, It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to !he
Plaintiff the sum of mo.oo per month as support fur their minor children, Wd sum to be
payable 011 August 10, 2001 and on !he tenth day of each month thereafter uatil bodl drildren
of !he parties attain tile age of flll\iority, die, enter die armed fon::cs, or become self
svpponing, provided that said child support s/IaIJ /lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fulltime in a secondary schOOl, until such child
..._ .............. - ... ."IIIt ttuonhl I;naU first occur.
https;lImail.google.comlmaiV?ui=2&ik=045905t287&view=att&th'"12a3d943cad77b5a&di... 8/4/2010
250
Gmail- Images in "Fwd: Court Docs" Page 5 of43
FEB-I3-2008 WEI) lZ:04 I'll m ODOI'I & EDGE PA
---' ..-
FAX NO. 770 683 9895
---------
_rq2 .
-....
The DefeMant is furtber: din:eted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income. As additional child SuppOIt, the Defendant
slIalJ. pay a sum equivalent to twenty-five percent (2S %) of any excess gross income whicll he
earns from alllOur<:e$ over and above the :rum of $3,000 per month.
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records. It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies, on or before April ISo. of each calendar
year (for the pn:ceding ealendar year).
Tbe Defendant's obligation to pay aU tuition fees, luneil money and activity expense
incurred for the cbildren to attend the Academy of St. George is tennillllU'Jd, it awcarin. that
the cI'IiIdren are DO longer enrolled In said school.
The Dct'eJ'Idant's Wednesday visitation Is tenninatcd.
Tbe Plaintiff f1k.d a Motion for Contempt due to the Defendant's failure to provide
medical illSUl'3J\Ce coverage for the children, his failure to provide copies of :115 federal income
laX return, and his failure to vacate the marital residence as required by the Aarecment
between the parties, and his fallure 10 pay the federal income tax debt of the parties. Tbe
Plaintiffte&tified that the Defendant had sought "iMoeent ~ u s e ~ $ ~ with Internal Revenue
ScIvlce, and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties.
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree. The Defendant shall be allowed until September 20, 2001 to purge himself of his
2
hnps:llmail.google.com./maill?ui=2&ik=045905f287 &view=att&th= 12a3d943cad77b5a&dL. 8/412010- - -.
251
Groail- Images in "Fwd: Court Docs" Page 7 of43
.
_. _ ..~ 1 3 - ~ WEI112:05 PH WOOl) 00011 & EDGE PA
FAX NO. 770 883 9895
P. 03
--,..
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo.
Dd'eadant is ordered and directed to show cause before this Court 0/1 September 20, 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattc:rs. Palling
such, !his Court will entertain a motion from the Plaintiff to iracarcetate the t>efendant for his
failUIe to comply.
TIle Court further awards attorney's fees and the com of !his actiOn to the P1ainIiff, and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $590.00 on or be1bre
September 20, 2001.
IT rs SO ORDERBO nunc pro tunc August 9,2001, this jL~ of August. 2001.
d '/J
3
bttps:/Imail.google.comlmaill?ui=2&ik=04590St287 &view=att&th';' 12a3d943cad77b5a&di... 8/412010
252
--
t ..... ____ Page 17 of43 Gmail - Images in "Fwd: Court Docs"
i..-
co

so--.,
-_... _........

. IN THE StJPERlORISTATE CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L. LOuX; \0 V 1;0l\
PLAINTIFF
VS.
L. \....Ou..)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT:
" You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon !he Plainti1I's attorney. whose _
and addles, is:
ry, DV tin va I WtVd.
JJ 0 P.:tJtf- II
0(111 a<; 0(t 3b{?JZ
111.8118_10 the complaint whk:h is heTl!Wltb served upon you, within 30 days after service of dIia _uponytlO, aclosive
oHhe \lay of service. If you fall 10 do so.judgmcnl by default wUJ be laken againSl.you for !he tIIJief demandIIcI in lbeeompIlIint.
This \;).. day of 2OKL-.
C1ert of Superior/Stale Court
BY
lelk
............. "".......
,
.... . . ...." * ..........
j.
" A " --.:pl-""":
bttps:llmail.google.com!mailf?ui=2&ik:=04S90St281&view=att&th""12a3d943cad17bSa&di... 8/4/2010
253
rtlMrft>
IN THE SU
,'",OR COURT O' COWETA COUNTY ,OPERI
C
COURT
0
WI If
2m APR 12 AK (J: 59
STATE OF GEORGIA
CINDY G. BIlOWN. CtERI<
COWETA COUNTY. SA
MICHAEL L. LOWE, )
)
Plaintiff, )
v. )
)

)
ELISA L. lOWE, )
)
Defendant. )
MonON TO SET ASIDE ORDER
Plaintiff Michael L. Lowe files this Motion to Set Aside Order and shows the
Court as follows:
1.
Plaintiff Is a Florida resident. Defendant Is a Coweta County, Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive, Newnan, Coweta
County, Georgia 30265.
2.
Plaintiff Is requesting that this Court set aside Its December 8, 2008 Order
". '''--.' - .-. "- ---_... '--- --.- ..
dismissing the Parties' case entitled Michael L. Lowe y. Elisa L. Lowe, Civil ActiOn File
No. 04 V 32. Thus, this Court has jurisdiction and venue is proper herein.
3.
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14, 2004, and It was entitled MIchael L. Lowe y. Elisa L. Lowe, Civil Action File
No. 04 V 32. Defendant was served and filed a timely answer and counterdalm for
contempt thereafter. At that time, Plaintiff was represented by Della T. Crouch, and
Defendant was represented by Gus L. Wood. The case dealt with the custody,
254
,f
"
visitation and support of the Parties' two minor children, Zachary Thomas Lowe, 008:
5/7/1995 and Evan Michael Lowe, DOB: 7/90/1997 ("the Children").
4.
Judge William T. Lee entered an Ex Parte Temporary Order on January 14,
2004, changing the Children's custody, and then after a hearing, Judge Lee vacated
that Order and entered another Order on January 22, 2004, putting the original
custody order back in place with temporary modifications. A complete temporary
healing was held February 5, 2004, and Judge John Simpson Issued an Order further
modifying the Children's custody on May 7, 2004.
5,
Judge E. Byron Smith heard the case for a specially set final hearing on A p r l l - - ' - " ~ - ~ ---
12,2005, and he Issued his ruling from the bench following the hearing. Thereafter,
Plaintiffs counsel drafted a proposed order based on the Judge's ruling and forwarded
It to Defendant's counsel. A true and correct copy of the proposed order Is attached
hereto as Exhibit "A," and a true and correct copy of the portion of the court's
transcript containing the Judge's ruling Is attached hereto as Exhibit "6." The
attorneys did not agree on the proposed order, and neither attorney submitted a
proposed order to Judge E. Byron Smith for execution.
6.
Thereafter, although the order was unsigned, the Parties abided by the Judge's
ruling with respect to their Children's custody, visitation and support from the date of
the Judge's ruling until the time that the action was dismissed In December 2008.
"
2
255
/'
7.
Neither Party's attorney moved to withdraw from the case, but because a final
order had never been entered, although a final hearing was held and Judge Smith
had issued a ruling, the case was scheduled for a peremptory calendar on December
9,2008. Plaintiff and Defendant appeared without counsel. Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney, and Defendant
objected. Judge William F. Lee did not execute the proposed order, and he dismissed
the case without prejudice.
8.
PlaIntiff requests that the Court now set aside its December 9, 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith, and should l'he proposed final order meet with Judge Smith's approval, for Its
execution and filing. Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judge's ruling to Judge Smith
contemporaneously with the filing of this Motion. Should the proposed final order not
meet with Judge Smith's approval, Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution.
9.
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties, the Children or the judicial system. Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution, the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case.
10.
WHEREFORE, Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It, should It meet with his approval, or revise It to make any changes
necessary to comport with his ruling, and then allow It to be executed and filed.
~
This -L. day of April 2010.
MARTIN ENRIQUE VALUBENA, P.C.
~ ~
Martin Enrique Valbuena
Georgia Bar No.: 723164
Attorney for Plaintiff
113 Village Walk, Ste. B
P.O. Box 1125
Dailas, Georgia 30132
(770) 443-2204
Fax (770) 443-6613
4
257
---------

/ '.
/ f-tJ

CLERK or .
1

COURT
IN THE SUPERIOR COURT OF COWF.:rA COUNTY .
2DDBDEC-9 PH 1:54
STATE OF GEORGIA
G. 8ROWl\. CLERi\
COWETA tootHY. GA
c51wre 1 aJ..t'rM L-.
Plaintiff Ciyil Action No.
04: V6'2
c1wtfj an@ /L.
Defendant
ORDER
The within Is hereby dismissed without prejudice for lack of
pl'O$ecu1ion.
This 9th day of December, 2008
43
258
'-...
, Gmail- Images in "Fwd: Court Docs
fl
Page 2 of43
.. 1'
SUMMONS - Sc.aS.1 \",

@!!!!l!!.1 SC-85-. .....
IN COVltT OF :? h\)\...,s;2 \ J1 t':r ,COUNTY
STATE or GEORGIA
1"\\<--\\.N?, L ,=, . ()8:O1- :fO
PLAlImPl'
VS,
EL-\>i\ L .. S:ztc\i0!\
0I!Pl!NI)A!'iT
SUMMONS
ro TIll! ABOve HAMiD Dl!PENDANT:
y"" on boIcby __ao! noquin:d to III. widliho Clerk or said OOUII and ....... upon Iht P!a;,.tiIf'. 0II0nI<)'. "'*_
_ address II:
t\ '.J t\


III _III>!be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo. wllhlll30dtya dIet..mco of l1li. '_1Ipoo1"". IIlOduaM
of..day of..mco.lf1"" fill 10 do 10, !1Id...- by IIeIiNIJ will bo Iakeo ....... 1"" for Ibe n:Ilef .. !be compIolat.
Thll ",J.h day of /l?tt'>';" . 2OL.
am of SuporiorlSlalo Court
By ___________________________

Deputy CIert
........................ ,.,.,---. ............".............
https:ffmail.google.comlmaiV?ui=2&ik=045905f287 &view=att&th= 12a3d943cad77b5a&dL 8/4120 I 0
259
Page 4 of43
Gmail Images in "Fwd: Court Docs"
..
\.of
-...I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L. LOWE,
'"
Plaintiff,
'"
CIVIL AmON flILE NO.=: ....
0
CD

'"
fi .,
'l/ .., ::I:
v.

08 CV illY. . :r{] li
,.
<c.
=0
"'"
I
'" s g ~
ELISA L SMITH,
i ; ~
t;:
'"
.. "''''::x: ,.,
:I
g ,...
Defendant.
':'I
~ ~
CII
;;I Z
N
COMPLAINT fOR CHANGE OF CUSTODY
PIe/ntHl' Michael L. Lowe files this Complaint for Change of Custody
against Defendant elisa L. Smith, pursuant to O.C.G.A. 19-9-1 and -3 and
19-9-40 at. seq., and shows the Court as follows:
1.
PlaintHI' Is a Paulding County, Georgia resident. Up until February 22, 2008,
Defendant was a Fulton County, Georgia resident. Defendant left the state FrIday,
February 22, 2008 and moved to the Nashville, Tennessee area.
2.
Defendant's address In the Nashville, Tennessee area Is unknown, and
Defendant will not provide her address to Plaintiff. Plaintiffs counsel has
attempted to locate Defendant's boyfriend's address, but has only been able to
locate a possible P.O. Box address for him. Plaintiff will continue to attempt to
locate an address for Defendant, and If unable to do so will seek to serve
Defendant by publication.
:.
:::. ....
r
cr
-....
zo
c,_
oz
Co
i ~
....
""0
. ",
(')
,.
https:llmail.google.comlmaill'lui=2&ik=045905f287&view=att&th= 12a3d943cad77b5a&di... 8/412010
260
Page 60f43
Gmail - Images in "Fwd: Court Docs"
.,
\.,; ..,,;
3.
Plaintiff and Defendant are the parents of two (2) minor (;hlldren: Zachary
Thomas Lowe, OOB: 5/7/1995, Age lland Evan Michael Lowe, 008: 7/911997,
Age 10.
4.
Plaintiff and Oefendant were prevloosly married, and they were dIvorced
in Coweta County, Georgia In Civil Action No. 99-V-447. The Court entered the
Final Divorce Decree on April 6, 2000 and an Amended FInal Divorce Decree on
May 17, 2000. True and correct copies of the Final Divorce Oecree, Amended
Final Divorce Oecree, Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits "A," 'B, C, and "D.
5.
Subsequent to their divorce, Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty, Georgia In Civil Action Ale
No.04V-32. The Court held a Final Hearing on April 12, 2005. A proposed
Anal Order was prepared but never executed. A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit "E. As a result of the
2005 Modification <!I<:tion, the Parties share joint legal and Joint phySical custody
of the Children. Since that time, the Parties have been proceeding pursuant to
the terms of the final Order, notwithstanding that It was never executed by the
COurt.
https:llmail.google.comlmaill?ui=2&ik=0459051287&view=att&th=12a3d943cad77bSa&di... 8/412010
261
Page 8 of43
Gmail- Images in "Fwd: Court Docs"
.,.
""
...,.;
6.
Pursuant to O.C.G.A. 19-9-41 and -61, which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act, Georgia Is the state that made
the Inltilll child custody determll\lltlon and the state that Is the Children's home
$tate. Pursuant to O.C.G.A. 19-9-62, none of the prerequisItes for the
termination of Georgia's continuing exclusive JuriSdiction are applicable to this
case. Thus, the Court has subject matter jurisdiction over this case.
7.
Pursuant to O.C.G.A. 19-9-23 and Art. VI, Sec. II, PM1graph VI or the
Georgia Constitution, venue IS proper In this Court. Plaintiff resides In Paulding
County and Defendant has left the state. Although Coweta County previously
granted the Parties' divorce and heard the modification case, none of the Parties
currently reside in Coweta County, lind It has no Interest In the case.
8.
Pursuant to O.C.G.A. 19-9-69, Plaintiff states that:
(a) He Is not aware of the Children'S address In Tennessee since
Defendant removed the Children from Georgia. During the last live (5) years,
while living In Georglel, the Children have most recentlv resided with Defendant
at 939 Euclid Avenue, Atlanta, Georgia and with Plaintiff at 311 Oscar Way,
Dallas, Georgia. The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur, Georgia. The Children
have not resided with any other persons during that time.
3
https:lfmail.google.comJmaill?ui=2&ik=045905f287&view=att&th=12a3d943ead77b5a&di... 8/4/20 I 0
262
Gmail- Images in "Fwd: Court Docs"
Page 1Oof43

\"r
'wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
desc:rlbed above regarding the ChRdren's custody. Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children.
Plaintiff knows of no Individual, other than the Parties to this action, who has any
claim of custody or visitation rights concerning the ChIldren. The ChOdren are In
Defendant's custody and control since she lelt the state.
9.
Since the date of the Final Order, there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary 'physlcal custody.
10.
In early 2008, Defendant announced her Intention to move the Children
to Tennessee. The Parties discussed this Issue and as recent as Thursday,
February 21, 2008, had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee. The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year.
11.
On Frlday, February 22, 2008, suddenly and without any notice to
Plaintiff, Defendant left the state with the Children and apparently has moved to
Tennessee. She has not returned to her Fulton County home since that time.
She did not bring the Children to school the week of FebNary 25"'.
4
https:llmail.google.comlmaiV?ui=2&ik=04S905f287&view=att&th""12a3d943cad77b5a&di... 8/4120 I 0
263
Page 12 of43
Gmail - Images in "Fwd: Court Docs"
..
- - - - ' ~
'wi
"'"
12.
Since leaving Georgia, Defendant win rarely answer Plaintiff's telephone
calls lind Insists on communicating only by text message. Shl;l also has severely
limited his telephone contact wlttl the Children.
13.
Prior to leaving Georgia, Defendant had been neglecting the Children's
educatIonal well-being. The Children missed" Significant amount of school,
which led to poor grades, Indudlng falling grades for Zach. In addition,
Defendant consistently refused to respond to requests for Information from the
Children's school teachers and administrative offlclals. She would not speak or
meet with them to discuss these Issues, Including poor academic performance.
She dk! not Inform Plaintiff of such requests from the school teachers and
offldals.
14.
RecentlyI Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendant's
behalf. Upon Information and belief, Defendant Is lIVIng with her boyfrfend in
the Nashville, Tennessee area and has not enrolled the Children in school there
yet. These stability Issues have had a negative effact on tile Children. TIlese
Issues and the negative Impact they have on the Children, In the best Interests
of the Children, warrant that Plaintiff be named the Children's primary physical
C\.Istodlan.
s
https:llmail.google.coml
ma
il/?ui=2&ik=04S90Sf287&view=att&th=12a3d943cad77bSa&di... 8/4/2010
264
Page 14 of43
GmaH- Images in "Fwd: Court Docs"

\". ...;
15.
None of Defendant's actions before leaving Georgia, deciding to leave
Georgia lind since leaving Georgia have been in the Children's best Interests.
She has acted with II CQI'l1plete disregard for the Children's best Intenests.
16.
Defendant's aetlons In mevlng and denying Plaintiff access to the
Children, her stability Issues and her neglect of the Children's educational needs
have created an emergency situation that In the Children's best Interests,
warrants an Immediate ex parte change of custody. Without this Immediate ex
parte change of custody, an eminent and substantial threat to the health, safety
and well-being of the Children exists.
17.
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children.
18.
As II result of the change of physical custody, the current child support
arrangement should be terminated. Taking Into account her current
Circumstances, Defendant should be required to pay a reasonable amount of
child support for the Children'S support, In accordance with the Child Support
GuIdelines contained In D.C.G.A. 19-615.
WHEREFORE, Plaintiff Michael L Lowe prays:
a) That process Issue and service be had upon Defendant;
b) That Plaintiff be awarded ex parte, temporary and permanent
primary physical custody of the Children;
6
https:llmail.google.comlrnaill?uj:=2&ik=0459051287&view=att&th=12a3d943cad77b5a&di... 8/4/2010
265

Groail - Images in "Fwd: Court Docs" Page 16 of43
....
\w
"",;
c) Thill: Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be
terminated and that Defendant be ordered to pay a
reasonable llmount of child supPOrt for the support of
the Children, In accordance wIth O.C.G.A. 19-6-1Si
and
e) For any other relief that the Court deems just and
proper.
Respectfully submitted,
MARTIN ENRIQUE VAlBUENA, P.C.

Martin Enrique Valbuena
Georgia State Bar No.: 723164
Attorney fur Plaintiff
113 Village Walk, Ste. B
P.O. Box 1125
Oallas, Georgia 30132
(770) 443-2204
Fax (nO) 443-6613
https:llmail.google.comlmaiIl?ui=2&ik=04S90Sf287&view=att&th=12a3d943cad77bSa&di... 8/412010
266
-..,.-"
Page 18 of 43
Gmail-Images in Fwd: Court Docs"
..
4i:>
- ...;

IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L. LOWE,
"
"
Plaintiff, " CIVIL ACnON FILE! NO.:
v. : 08 tv ft ,....
* "" 'i 'F"F
ElISA L. SMITH,"
.A
; \ %'0
*
Defendilnt." &'
...q -:. ....
.... ft .... ,. A_
VEBIFlCAnON -:. <::. ':l
(;>
Personally appeared before me, an officer duly authorized to .,..
OIrths in the State of GeorgIa, MIchael L. Lowe, who, after being
duly sworn, states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief.
This of Marc:l\ 2008. ttL.J t.
lfluel L. Lowe, Plaintiff
Swom tq .a,nd subscribed before
me of March 2008.

Notary Public lnandfOrte


I,l

https:lfmail.google.comlmaHl?ui",2&ik;:045905t287&vieW"'att&th==12a3d943cad77b5a&di... 8/4120
267
10
Page 200f43
Omail Images in "Fwd: Court Docs"
..
IN 'mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE,
Plaintiff,
v.
EUSA L SMITH,
Defendant.
STATE OF GEORGIA
'"
'"
CIVIL ACTION FILE NO.:
*
'"
08 CV lid. 'I - JO ;! ... C)
'"
" .. CD
..
'"
,.. "" I
I ;:
..
;Q
g g ~ I
i ... ./:"
'"
. . , ; : ~ ~
;: r:
o -t r
l1i 0 Q
EX PARTE ORDIR
;: Z Q
~
_'"
r-;:::
i;
"'_
c:Z
g.:)
2 ~
--_
-<0
c,f"'I
;..
Plaintiff Michael L. Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L. Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health, safety and well-being of the Parties' children, the Court, after
reviewing the pleadings, hearfng the evidence presented, argument on all Issues
and reviewing applicable case law, and it appearing to the Court for meritorious
reasons and for other good cause shown, It Is therefOns Ordered, Adjudged
and Decreed that:
1.
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act,
O.C.G.A. 19-9-40 at. seq. Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County.
https:flmail.google.comlmaill?ui=2&:ik=045905f287&:view=att&:th=12a3d943cad77b5a&:di... 8/412010
268
Page 22 of 43
Gmail - Images in "Fwd: Court Docs"
0;;
2.
Plaintiff lind Defendant were previously married, and tlley were divorced
In Coweta County, Georgia In Civil Action No. 99-Y-447. The Court entered the
final Judgment and Oecree on AJ)ril 6, 2000. Subsequent to their dlvoml,
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County, Georgia In Civil Action File No. 04-Y-3Z. That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint p h Y 5 1 ~ 1
custody of the Chfldren.
3.
Oefendant has left the State of Georgia without providing notice to
Plaintiff, and she is refusing to provide Plaintiff with her address In Tennessee.
Furthermore, she Is Iimitlll9 Plaintiff's access to their children.
4.
Defendant Is apparently living with her boyfriend In the Nashville,
Tennessee area without the benefit of marriage. Contrary to the visitation
rights contained In previous Orders, Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children.
5.
Given Oerendant'$ actions, it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff.
https:llmail.google.comlmail/?ui=2&ik=045905f287 &view=att&th= 12a3d943cad77b5a&di... 8/4/2010
269
Page 24 of43
Qrnail. Images in "Fwd: Court Docs
n
..
6.
Until furt:l1er order of this Court, Plaintiff snail retain temporary legal and
physical custodV of the Parties' minor cnlldren, Zachary Thomas Lowe, 008:
517/1995 and Evan Michael Lowe. 008: 7/9/1997. A temporary nearing shall
be held at a.m., on the L day of 2008 to determine whether
the prayers requested In Plaintiff's Complaint should be granted.
IT IS SO ORDERED this -- day of Marell 2008.
, 6't!

{.\]Av[..) .
}Ii.

https:lfmaH.google.comlmail/?ui=2&ik=045905f287&View=att&th= 12a3d943cad77b5a&di... 8/4120 I 0
270