Lockwood & Zahrbock Kool Law Office: March 10
__________ motion __________
STATE OF SOUTH DAKOTA )
IN CIRCUIT COURT
: SS
COUNTY OF BROWN)
FIFTH JUDICIAL CIRCUIT
AARON D. SAMUELS,
CIV.21-
Plaintiff,
V.
MOTION TO ESTABLISH
CUSTODY AND PARENTING TIME
ALEXIS L. GEAREY,
Defendant.
Comes now, Aaron Samuels, by and through his attorneys, Tressa Zahrbock Kool and Kaleb R. Paulsen, of Lockwood and Zahrbock Kool Law Office, PC, of Sioux Falls, South Dakota, and respectfully requests that the Court grant his Motion to Establish Custody and Parenting Time of the parties’ minor child, namely Nazeerah Jaylee Samuels, DOB: 08/23/2018. Please see file 06GDN.20-000027 for supporting documentation of said motion, specifically, Plaintiff’s Petition to Terminate Guardianship.
WHEREFORE, Plaintiff requests the following relief:
1. An Order awarding the Plaintiff sole legal and primary physical custody of the minor child;
2. An Order determining a parenting schedule for the parties;
3. An Order determining a suitable sum of child support for the care and support that Defendant shall pay to Plaintiff for the parties’ minor child in accordance with South Dakota statue and Department of Social Services, Division of Child Support guidelines; and
4. Such other relief as this Court may deem just and equitable under the circumstances.
Dated this 26th day of February, 2020.
/s/ Tressa Zahrbock Kool
/s/ Kaleb R. Paulsen
Lockwood & Zahrbock Kool
Law Office, PC
400 North Main Avenue Suite 202
Sioux Falls SD 57104
(605) 331-3643
Attorneys for Plaintiff
Published four times at the approximate cost of $73.68
Mar. 10, 17, 24 & 31, 2021
____ Notice of Hearing ____
STATE OF SOUTH DAKOTA )
IN CIRCUIT COURT
: SS
COUNTY OF BROWN )
FIFTH JUDICIAL CIRCUIT
06CIV2l-076
Plaintiff,
v.
NOTICE OF HEARING
ALEXIS L. GEAREY,
Defendant.
TO: Jennifer and Travis Zimmerman, Legal Guardians, and their Attorney,homas Cogley; and Alexis Gearey, Biological Mother
A hearing will be held before the above-entitled Court, in the courtroom of the Honorable Tony Portra, at the hour of 9: 00 o’clock a.m. to 5:00 p.m., on Wednesday, the 14th day of July, 202], at the Brown County Courthouse, Aberdeen, South Dakota, then and there to show cause if any Aaron Samuels, the biological father, may have, why his Motion to Establish Custody and Parenting Time should not be granted.
FURTHER, it is REQUIRED that service of this NOTICE be made upon all appropriate persons at least ten (10) days before the return date hereof.
Dated this 3 day of March, 2021, at the City of Sioux Falls, County of
Minnehaha, State of South Dakota.
Lockwood & Zahrbock Kool Law Office
/s/ Kaleb Paulsen
Attorney for Biological Father
400 North Main Ave, Ste 202
Sioux Falls, SD 57104
(605) 331-3643
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 3rd day of March, 2021, he served a true and correct copy of the Notice of Hearing to Thomas Cogley, Attorney for Legal Guardians, via the electronic service provided by Odyssey.
/s/ Kaleb Paulsen
Published four times at the approximate cost of $66.32
Mar. 10, 17, 24 & 31, 2021
________ Summons ________
STATE OF SOUTH DAKOTA )
IN CIRCUIT COURT
: SS
COUNTY OF BROWN )
FIFTH JUDICIAL CIRCUIT
AARON D. SAMUELS,
CIV.21-
Plaintiff,
v.
SUMMONS
ALEXIS L. GEAREY,
Defendant.
TO THE ABOVE-NAMED DEFENDANT, ALEXIS GEAREY:
YOU ARE HEREBY SUMMONED and required to answer the Complaint of the Plaintiff, a copy of which is herewith served upon you, and to serve a copy of your Answer on the attorney for Plaintiff, Tressa Zahrbock Kool and Kaleb R. Paulsen, at the address below, within thirty (30) days from the date of the service of this Summons upon you, exclusive of the day of such service.
IF YOU FAIL TO DO SO, judgment by default may be rendered against you as requested in Plaintiffs Complaint sixty (60) days after the completed service of Plaintiffs Summons and Complaint.
CUSTODY ORDER
Pursuant to SDCL 25-4A—11 et. seq., upon service of this Summons the attached visitation guidelines become an Order of this Court. Any minor child of the parties shall remain in the custody of the parent who has been the primary care giver for the minor child for the majority of time in the twelve months preceding the filing of this Summons and Complaint unless the parties otherwise agree. The guidelines are subject to any provisions established by a South Dakota Court in a temporary or permanent domestic protection order, an order arising out of an abuse or neglect proceeding, as a condition of bond arising out of a criminal case, or an order in any other proceeding affecting child custody or support.
The attached guidelines shall apply and continue in effect unless the parties agree or the Court otherwise orders. The imposition of these standard guidelines creates no presumption as To who may be awarded custody at any hearing. An agreement by the parties for visitation other than the standard guidelines must be in writing, signed by both parties, and filed with the Court.
If either party objects to this initial order, the Court shall order a hearing which shall be held not later than 30 days after the date of the objection. The Court shall then issue its temporary custody and visitation order after considering the best interest of the children consistent with the provisions of SDCL 25-4-45.
Dated this 26th day of February, 2021, at Sioux Falls, Minnehaha County, South Dakota.
/s/ Kaleb R. Paulsen
Lockwood & Zahrbock Kool Law Office
400 N Main Ave Suite 202
Sioux Falls, SD 57104
605-331-3643
Attorney for Plaintiff
Published four times at the approximate cost of $104.40
Mar. 10, 17, 24 & 31, 2021
__ VERIFIED COMPLAINT __
STATE OF SOUTH DAKOTA )
IN CIRCUIT COURT
:SS
COUNTY OF BROWN
FIFTH JUDICIAL CIRCUIT
AARON D. SAMUELS,
CIV.21-
Plaintiff,
v.
VERIFIED COMPLAINT
ALEXlS L. GEAREY,
Defendant.
COMES NOW THE PLAINTIFF, Aaron Samuels, hereinafter referred to as “Father,” being first duly sworn on oath, for his cause of action against the Defendant, Alexis Gearey, hereinafter referred to as “Mother,” being first duty sworn on oath, states and alleges as follows:
1. Father is a resident in good faith of the State of South Dakota and the County of Minnehaha for the purposes of this action. The last know address for Mother would support Mother being a resident of State of South Dakota and the County of Minnehaha for the purposes of this action. Legal Guardian, Jennifer Zimmerman, is a resident of State of South Dakota and the County of Brown for purpose of this action.
2. The parties were never married, however, one child namely, Nazeerah J. Samuels, was born of our relationship on the 23rd day of August, 2018. Father has no reason to believe Mother is currently pregnant.
3. Father is the proper person to have the primary physical custody of the minor child, subject to reasonable parenting time with Mother.
4. The Father is the proper person to be awarded sole legal custody of the minor child.
5. In compliance with the Uniform Child Custody Jurisdiction Act, Father states:
a. The minor child of the parties currently resides with Father at 4201 W. Valahalla Blvd., Apt. 29, Sioux Falls, SD 57106. During her life, the minor child of the parties has resided in Sioux Falls, South Dakota.
b. Father intends to maintain his residence in Minnehaha County, South Dakota for the foreseeable future. Father is unaware of Mother’s future intentions of residency.
c. There is currently a Guardianship established in Brown County South Dakota. For additional information, please see case file O5GDN.20—27.
d. No other party has claimed a right to the custody of the child, and no other person not a party to this proceeding has claimed any right to parenting time privileges with said child at the time of the signing of this Complaint.
6. That neither party to this action is at this time a member of the armed services of the United States of America within the terms and provisions of the Servicemembers Civil Relief Act.
WHEREFORE, Plaintiff prays for the following:
1. That Father is found to be the biological and legal father of the minor child, namely, Nazeerah J. Samuels, born on the 23rd day of August, 2018.
2. That Father be given primary physical custody of the minor child born as issue of the relationship subject to reasonable parenting time with Mother.
3. That GDN.20-27 be terminated.
4. That Father have sole legal custody of the minor child.
5. That Mother pay reasonable sum of child support to Father.
6. That this matter be reassigned to Minnehaha County upon the termination of the Guardianship.
7. For such other and further relief as to the Court may seem just and equitable.
Dated this 26th day of February, 2021.
Aaron Samuels, Father/Plaintiff
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA )
Aaron Samuels, being first and duly sworn on his oath, states that he is the Plaintiff named in the forgoing Verified Complaint; he has read the contents thereof and the same is true and correct of his own knowledge, except as to those matters herein stated on information and belief and as to those matters he believes them to be true.
Aaron Samuels, Plaintiff
Subscribed and sworn to before me this 26th day of February, 2021.
Notary Public—- South Dakota
My commission expires: 08/29/24
NOTICE OF APPEARANCE
We, Kaleb R. Paulsen & Tressa Zahrbock Kool, of Lockwood & Zahrbock Kool Law Office, hereby give notice that we will be appearing for and on behalf of Aaron Samuels, Plaintiff herein, in the above-captioned matter.
Dated this 26th day of February, 2021.
/s/ Kaleb R. Paulsen
Kaleb R. Paulsen
/s/ Tressa Zahrbock Kool
Tressa Zahrbock Kool
Attorney’s for Plaintiff
Published four times at the approximate cost of $168.24
Mar. 10, 17, 24 & 31, 2021
