HILL, ANDRAI LAMAN vs. LEWIS, BRITTNEY
Case Identifier | Muskogee OK — FP-2021-00004 Monitor this case |
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Type of Case | Paternity Proceedings |
Date Filed | 01/11/2021 |
Amount Owed | $0.00 (as of 04/25/2024 06:49pm) |
Attorney | LOCKE, CHAD of Muskogee OK | |
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Plntf Atty. | HILFIGER, BENJAMIN of Muskogee OK | |
Judge | KING, TIMOTHY | |
Plaintiff | HILL, ANDRAI LAMAN of Muskogee OK | Monitor this person |
Defendant | LEWIS, BRITTNEY | Monitor this person |
Date | Description | Amount |
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Grand Total | $272.14 | |
01/11/2021 | FILE & ENTER PETITION | $183.00 |
LAW LIBRARY ASSESSMENT | $6.00 | |
DISPUTE MEDIATION ASSESSMENT | $7.00 | |
Oklahoma Court Information System Fee - Effective 07/01/04 | $25.00 | |
LENGTHY TRIAL FUND | $10.00 | |
OK COURT APPOINTED SPECIAL ADVOCATES | $5.00 | |
10% OF CASA TO COURT CLERK REVOLVING FUND | $0.50 | |
OK COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND | $1.55 | |
10% OF COJC TO COURT CLERK REVOLVING FUND | $0.16 | |
STATE JUDICIAL REV. FUND INTERPRETER & TRANSLATOR SERVICES | $0.45 | |
COURTHOUSE SECURITY FEE | $10.00 | |
10% OF CHSC TO COURT CLERK REVOLVING FUND | $1.00 | |
15% TO DISTRICT COURT REVOLVING FUND | $2.48 | |
COURT CLERK PRESERVATION FUND | $10.00 | |
01/11/2021 | SUMMONS ISSUED TO ATTY FOR SERVICE BY PROCESS SERVER | $10.00 |
01/11/2021 | ORDER FOR HEARING | |
01/14/2021 | RETURN OF SERVICE | |
02/03/2021 | ENTRY OF APPEARANCE | |
02/03/2021 | RESPONDENT'S RESPONSE TO PETITIONER'S APPLICATION FOR TEMPORARY ORDERS AND RESPONDENT'S APPLICATION FOR TEMPOA | |
02/03/2021 | MOTION FOR CONTINUANCE | |
02/04/2021 | CONTINUED BY AGREEMENT TO 02-19-21 @ 9:00AM. TK | |
02/19/2021 | COURT MINUTE | |
02/19/2021 | PLTF: B. HILFIGER. RESP: C. LOCKE. PARTIES HAVE REACHED AN AGREEMENT. COURT MINUTE ENTERED THIS DATE. TK | |
02/25/2021 | TEMPORARY ORDERS | |
03/03/2021 | ORDER SETTING FINAL HEARING | |
04/12/2021 | PET: B. HILFIGER. RESP: C. LOCKE. PARTIES HAVE BEEN UNABLE TO REACH AN AGREEMENT AND HAVE ASKED TO HAVE A HEARING. WITNESS A. HILL SWORN & TESTIMONY TAKEN. WITNESS R. LEWIS SWORN & TESTIMONY TAKEN. WITNESS B. LEWIS SWORN & TESTIMONY TAKEN. JUDGE KING TO TAKE UNDER ADVISEMENT AND MAKE A RULING. PARTIES TO BE NOTIFIED. TK | |
05/04/2021 | PARTIES ARE AWARDED JOINT CUSTODY AND COUNSEL IS ASKED TO SUBMIT VIA EMAIL, AN OUTLINE OF A JOINT CUSTODY PLAN. GIVEN THE OPPOSITE NATURE OF THE PARTIES' WORK HOURS/DAYS AND THE FITNESS OF BOTH PARTIES, JOINT CUSTODY IS APPROPRIATE. THE MINOR CHILD WILL NOT BE BE LEFT UNATTENDED WITH MAYA WHILE IN PETITIONERS' CUSTODY. EXCHANGE TO OCCUR AT GRANDMOTHER'S HOUSE OR AS OTHERWISE AGREED. PARTIES TO BE TIMELY IN EXCHANGE OF THE MINOR CHILD FOR VISITATION. PARTIES ALSO HAVE FMI-20-4, NOTHING ELSE AT ISSUE FOR DECISION AT THIS TIME. TK | |
05/28/2021 | ORDER SETTING HEARING | |
05/28/2021 | MOTION TO RECONSIDER | |
06/23/2021 | APPLICATION FOR TEMPORARY EMEGENCY CUSTODY ORDER | |
06/23/2021 | TEMPORARY EMERGENCY CUSTODY ORDER AND ORDER FOR HEARING | |
06/29/2021 | PET: B. HILFIGER. RESP: C. LOCKE. CR: J. GUERRA. ALL PARTIES APPEAR ON PET. A. HILL'S TEMPORARY EMERGENCY CUSTODY ORDER. WITNESS B. LEWIS SWORN & TESTIMONY TAKEN. RESP. DEMURRER TO THE EVIDENCE, THAT PET. A. HILL HAS NOT MET THE BURDEN OF PROOF THAT EMERGENCY EXHISTS IS OVERRULED. RESP. MOTHER R. LEWIS SWORN & TESTIMONY TAKEN. PET. A. HILL SWORN & JUDGE ASKS QUESTIONS REGARDING SOME VISITATION WITH THE GRANDPARENTS. AFTER CONSIDERING ALL TESTIMONY, IT IS THE ORDER OF THIS COURT THAT THE PET. A. HILL HAVE THE PARTIES MINOR CHILD A.M.H FROM THURSDAY WHEN HE GETS OFF OF WORK, UNTIL MONDAY WHEN HE WILL DROP THE CHILD OFF AT SCHOOL. RESP. B. LEWIS AND R. LEWIS OR GREAT GRANDMOTHER TO PICK CHILD UP FROM SCHOOL ON MONDAY AND KEEP UNTIL THURSDAY WHEN FATHER PICKS HER UP FOR HIS VISITATION. THE MINOR CHILD A.M.H. IS NOT TO BE ALONE WITH RESP. B. LEWIS UNLESS AT GRANDMOTHER OR GREAT GRANDMOTHERS HOUSE. THE MINOR CHILD IS NOT TO BE AT RESP. B. LEWIS HOME UNTIL C.S. IS ARRESTED UNLESS GRANDMOTHER OR GREAT GRANDMOTHER ARE PRESENT. THE PARTIES ALSO HAVE FMI-20-4, MS. LEWIS IS THE PET. AND MR. HILL THE RESP. IN THAT CASE. THIS MINUTE IS ALSO COPIED INTO THAT CASE FILE FOR REFERENCE IF NEEDED. TK | |
07/16/2021 | EMERGENCY CUSTODY ORDER | |
12/16/2021 | ORDER SETTING REVIEW HEARING | |
12/29/2021 | HEARING SET ON 01/20/22 WILL BE RESET. JUDGE KING WILL BE IN OTHER COUNTY. PARTIES TO COORDINATE A NEW DATE. TK | |
01/10/2022 | ORDER RESETTING HEARING | |
03/01/2022 | ORDER RESETTING HEARING | |
04/04/2022 | RECORD OF CHEMICAL ABUSE TESTING | |
05/12/2022 | SUBPOENA | |
05/19/2022 | ORDER RESETTING HEARING | |
05/24/2022 | SUPOENA | |
05/26/2022 | RETURN | |
06/02/2022 | CONTINUED BY AGREEMENT TO 06-21-22 @ 2:00PM. TK | |
06/03/2022 | ORDER RESETTING HEARING | |
06/08/2022 | SUBPOENA | |
06/15/2022 | SUBPOENA RETURN | |
06/21/2022 | PET: B. HILFIGER. RESP: C. LOCKE. PARTIES HAVE REACHED AN AGREEMENT. ORDER TO BE FILED. TK | |
08/01/2022 | MOTION FOR ORDER APPOINTING GUARDIAN AD LITEM | |
08/01/2022 | ORDER SETTING HEARING | |
08/10/2022 | PETITONER'S OBJECTION TO RESPONDENT'S MOTION FOR ORDER APPOINTING GUARDIAN AD LITEM | |
09/14/2022 | RULING: THIS CASE IS BEFORE THE COURT ON B. LEWIS MOTION FOR GUARDIAN AD LITE (GAL) AND A. HILL'S OBJECTION. B. LEWIS APPEARED WITH C. LOCKE. MR. HILL APPERS WITH B. HILFIGER. ON 09-08-22, THE COURT HEARD ARUMENTS OF COUNSEL AND TOOK THE CASE UNDER ADVISEMENT. HAVING REVIEWED THE PLEADINGS AND CONDUCTED RESEARCH ON THE ISSUES PRESENTED, THE COURT NOW MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE STATUTORY BASIS FOR RESPONDENT'S REQUEST IS 43 O.S. SS 109. THE RELEVANT SUBSECTIONS PROVIDES '[I]N AWARDING THE CUSTODY OF A MINOR UNMARRIED CHILD OR IN APPOINTING A GENERAL GUARDIAN FOR SAID CHILD, THE COURT SHALL CONSIDER WHAT APPEARS TO BE IN THE BEST INTERESTS OF THE PHYSICAL AND MENTAL AND MORAL WELFARE OF THE CHILD. '43 O.S. SS 109(A). IN KAHRE V KAHRE, 1995 OK 133, 916 P.SD 1355, 1362, THE OKLAHOMA SUPREME COURT EXAMINED THE PURPOSE AND DUTIES OF A GAL REASONING '[W]ITHOUT THE GUARDIAN AD LITEM, THE TRIAL COURT HAS NO PRACTICAL MEANS TO ENSURE THAT IT RECEIVES THE INFORMATION IT NEEDS TO SECURE THE BEST INTERESTS OF THE CHILD ARE SERVED UNTIL AFTER THE INFORMATION HAS BEEN FILTERED THROUGH THE ADVERSARIAL ATTITUDES OF THE WARRING PARENTS. THE GAL MAKES HIS OWN INVESTIGATION AS THE TRIAL COURT'S AGENT. THE WISHES OF THE MINOR CHILD ARE ONE FACTOR TO BE CONSIDERED, BUT THE GUARDIAN AD LITEM'S OBLIGATION REMAINS THE SAME AS THAT OF THE TRIAL COURT; THE CHILD'S BEST INTERESTS, ALTHOUGH THE CHILD'S WISHES MAY BE OTHERWISE.' THE OKLAHOMA COURT OF CIVIL APPEALS SPECIFIED THAT THE COURT'S AUTHORITY TO APPOINT A GAL IS PERMISSIVE AND DETAILED THE ROLE OF GAL:'...A TRIAL COURT MAY APPOINT A GAL FOR THE CHILDREN, TO ASSIST IT IN DETERMINING WHICH CUSTODY AND VISITATION ARRANGEMENT WOULD BEST SUPPORT THE CHILDREN'S PHYSICAL, MENTAL, AND MORAL WELFARE. ID. A GAL SO APPOINTED BECOMES AN OFFICER OF THE COURT AND IS CHARGED WITH DUTY OF DETERMINING THE BEST INTERESTS OF THE MINOR CHILDREN. KAHRE V KAHRE, 1995 OK 133, PP31,916 P.2D 1355, 1362. WHAT THE MINOR CHILDREN'S OWN WISHES MAY BE IS BUT ONE FACTOR FOR BOTH THE GAL AND THE TRIAL COURT TO CONSIDER. ID., PP 33. WALLIS V WALLIS, 2003 OK CIV APP 77, PP 11,78 P.3D 562, 564. IN APPLYING THE LAW TO THE FACTS HERE, THE COURT ACCEPTS MR. HILFIGER'S STATEMENTS OF FACT WITH REGARD TO VERBAL AGREEMENT THAT WAS REACHED AND THIS CASE HAS BEEN PENDING FOR SOME TIME. IN REVIEWING THE COURT FILE, THE COURT FOUND NOTES TAKEN FROM A HEARING IN MAY 2021. THE COURT ALSO NOTES THAT B. LEWIS CAUSED AN ORDER TO BE SIGNED AND FILED FOR A 'FINAL HEARING' IN APRIL OF LAST YEAR SO B. LEWIS BELIEVED THAT THE CASE COULD HAVE BEEN FINALIZED OVER A YEAR AGO. THE COURT, HOWEVER, NOTES OVER THE LIFE SPAN OF THESE CASES THAT CUSTODY HAS CHANGED FROM B. LEWIS IN AN AGREED ORDER FROM FEBRUARY 2021 BEING THE CUSTODIAL PARENT, TO THE COURT ORDERING JOINT CUSTODY IN MAY OF 2021, TO NOW THE PROPOSED DECREE GIVING A. HILL SOLE CUSTODY. THE COURT FOUND, AND NOW RECALLS, A TEMPORARY EMERGENCY CUSTODY ORDER ENTERED ON JUNE 23, 2021, BECAUSE OF B. LEWIS' ASSOCIATION WITH AN INDIVIDUAL ACCUSED OF SERIOUS VIOLENT CRIMES AT THAT TIME. THE COURT ALSO FOUND A DOCUMENT IN THE FILE REFLECTING THE RESULTS OF A URINALYSIS, SUBPOENAS FOR PHONE & TEXT MESSAGES FROM AN INMATE IN MUSKOGEE COUNTY JAIL TO B. LEWIS, AND A LETTER FROM MUSKOGEE PUBLIC SCHOOLS EMPLOYEE DETAILING A.H.'S ABSENSES FROM SCHOOL. ADDITIONALLY, THE FMI-20-4 CASE FILE CONTAINS AN ORDER FILED ON JANUARY 8 2020, ESTABLING MR. HILL PATERNITY TO A.H. WHO WAS 4.5 YEARS OF AGE. OF NOTE IN THAT 2020 PATERNITY ORDER, MS. LEWIS AGREES TO DEVIATE FROM THE CHILD SUPPORT GUIDE LINES BECAUSE OF MR. HILL'S 'ECONOMIC HARDSHIP' AND SHE WAIVED HER RIGHT TO CHILD SUPPORT IN ARREARS 'FOR THE PERIOD OF 11-2017 TO 01-2020.' IN CONCLUSION, THE COURT FINDS THAT THE FACTS ARE SUFFICIENT TO RAISE CONCERNS AS TO A.H.'S BEST INTERESTS, AND THEREFORE SUPPORT THE APPOINTMENT OF A GAL IN THIS CASE. IN ADDITION TO THE COURT'S CONCERN ABOUT GETTING CUSTODY 'RIGHT', THE COURT WANTS TO OBTAIN AN OBJECTIVE PERSPECTIVE OF A.H'S PREFERENCES, GIVEN HER AGE, AND IN ENTERING A FINAL DECREE THAT WILL HOPEFULLY BE APPRECIATED BY THE PARTIES AS BEING FAIR AND THEREFORE HAVE FINALITY. THE COURT UNDERSTANDS & RESPECTS THAT THE PARTIES DO NOT HAVE UNLIMITED MEANS AND PETITIONER HAS OTHERS IN HIS FAMILY THAT HE SUPPORTS. THE COURT ORDERS THE APPOINTMENT OF A GAL TO ASSIST IT IN DETERMINING WHICH CUSTODY AND VISITATION ARRANGEMENT WOULD BEST SUPPORT A.H.'S PHYSICAL, MENTAL, AND MORAL WELFARE AND FOR THE PARTIES TO EQUALLY SHARE THE COST OF THE GAL. AT THIS TIME, THE COURT ANTICIPATES THE GAL TO SERVE FOR A LIMITED TIME AND SCOPE SO AS TO NOT BE A FINANCIAL BURDEN (NOT MORE THAN $1,000 TOTAL OR $500 PER PARTY)ON THE PARTIES. COUNSEL FOR THE PARTIES SHOULD CONSULT AS TO AN AGREEABLE GAL. IF AN AGREEMENT CANNOT BE REACHED WITHIN 14 DAYS OF THIS ORDER, THE COURT WILL APPOINT THE GAL. TK | |
09/15/2022 | ORDER APPOINTING GUARDIAN AD LITEM | |
12/06/2022 | NOTICE OF SUSPENSION OF RESPONDENT'S VISITATION | |
12/07/2022 | MOTION FOR GRANDPARENT VISITATION RIGHTS | |
12/07/2022 | ORDER SETTING HEARING | |
12/07/2022 | MOTION FOR CONTINUANCE | |
12/07/2022 | ORDER SETTING HEARING | |
12/15/2022 | PET: B. HILFIGER. RESP R. LEWIS-GRANDMOTHER: C. LOCKE. RESP MOTHER B. LEWIS DOES NOT APPEAR. RESP MOTION FOR CONTINUANCE GRANTED. FATHER MAINTAINS SOLE CUSTODY OF THE MINOR CHILD. MATERNAL GRANDMOTHER R. LEWIS, IS GRANTED GRANDPARENTAL VISISTATION IN ACCORDANCE WITH TH MUSKOGEE COUNTY STANDARD VISITATION SCHEDULE. GRANDMOTHER VISITATION BEGINS 12-16-22. R. LEWIS MAY PICK UP MINOR CHILD FROM SCHOOL WHEN EXERCISING HER WEEKEND VISITATION. TK | |
ORDER SETTING REVIEW HEARING | ||
04/03/2023 | PET: B. HILFIGER. RESP: C. LOCKE. BOTH PARTIES APPEAR IN PERSON FOR REVIEW/STATUS. RESP WANTS TO ESTABLISH CUSTODY, VISITATION & CHILD SUPPORT AND HAVE A FINAL ORDER ENTERED. MOTHER B. LEWIS HAS COMPLETED TREATMENT AND IS LIVING WITH HER MOTHER R. LEWIS. WITNESS B. LEWIS SWORN & TESTIMONY TAKEN. AFTER HEARING TESTIMONY & ORAL ARGUMENTS THE COURT DETERMINES THAT B. LEWIS NO LONGER HAS TO BE SUPERVISED DURING VISITS WITH THE MINOR CHILD. NO FURTHER CHANGES ORDERED AT THIS TIME. TK | |
10/17/2023 | MOTION FOR FINAL HEARING | |
10/17/2023 | ORDER SETTING FINAL HEARING | |
12/19/2023 | PET: C. LOCKE. RESP: B. HILFIGER. PET DOES NOT APPEAR IN PERSON. C. LOCKE REQUEST FOR CONTINUANCE IS GRANTED OVER THE RESP OBJECTION. PARTIES WILL GET A NEW DATE. TK/KS |
Date | Time | Description |
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02/05/2021 | 3:00pm | APPLIC. FOR TEMP. ORDER HEARING Completed : 02/05/2021 Code: X |
02/19/2021 | 9:00am | APPLIC. FOR TEMP. ORDER HEARING Completed : 02/19/2021 Code: X |
04/12/2021 | 1:30pm | FINAL HEARING Completed : 04/12/2021 Code: X |
06/28/2021 | 1:30pm | MOTION TO RECONSIDER Completed : 06/24/2021 Code: X |
06/25/2021 | 1:30pm | TECO Completed : 06/24/2021 Code: X |
06/29/2021 | 1:30pm | TECO Completed : 06/27/2021 Code: X |
01/20/2022 | 1:30pm | MOTION TO RECONSIDER Completed : 12/29/2021 Code: X |
01/20/2022 | 1:30pm | REVIEW Completed : 12/29/2021 Code: X |
03/10/2022 | 1:30pm | MOTION TO RECONSIDER Completed : 02/28/2022 Code: X |
03/10/2022 | 1:30pm | REVIEW Completed : 02/28/2022 Code: X |
03/11/2022 | 1:30pm | MOTION TO RECONSIDER |
03/11/2022 | 1:30pm | REVIEW |
05/17/2022 | 1:30pm | REVIEW Completed : 05/17/2022 Code: X |
06/03/2022 | 10:30am | REVIEW Completed : 06/02/2022 Code: X |
06/21/2022 | 2:00pm | REVIEW Completed : 06/21/2022 Code: X |
09/08/2022 | 3:00pm | MOTION TO APPOINT GUARDIAN AD LITEM Completed : 09/08/2022 Code: X |
12/16/2022 | 1:30pm | MOTION Completed : 12/07/2022 Code: X |
12/15/2022 | 3:00pm | MOTION FOR CONTINUANCE Completed : 12/15/2022 Code: X |
04/03/2023 | 3:00pm | REVIEW Completed : 04/03/2023 Code: X |
12/19/2023 | 1:30pm | FINAL HEARING Completed : 12/19/2023 Code: X |
Date | Description | Amount |
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Grand Total | $272.14 | |
01/11/2021 | R2-538680 HILFIGER LAW | $272.14 |