IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
| IN RE THE MARRIAGE OF | ) | |
| ) | ||
| NITIN AGRAWAL, | ) | |
| ) | ||
| PETITIONER, | ) | |
| ) | ||
| vs. | ) | Case No. FD-2012-2141 |
| ) | Docket A | |
| APURVA BHATWAL, | ) | |
| ) | ||
| RESPONDENT. | ) |
AGREED ORDER MODIFYING PRIOR AGREED DECREE OF DISSOLUTION OF MARRIAGE
Now, on this ______________ day of __________________ 20 ________ undersigned Judge of the District Court for entry of the instant Agreed Order Modifying Prior Agreed Decree of Dissolution of Marriage. Petitioner appears by and through his attorney of record, N. Scott Johnson of N. SCOTT JOHNSON & ASSOCIATES, P.L.L.C.; Respondent appears pro se. The Court, being fully advised in the premises, adopts the parties’ agreement, and hereby FINDS and ORDERS as follows:
I.
THE COURT FINDS THAT the Joint Custody Plan filed January 30, 2013, should be terminated and Petitioner is a fit and proper person to be awarded the sole and exclusive care, custody and control of the parties’ minor child, R. Agrawal, born May 2009, subject to Respondent’s rights of reasonable visitation as follows:
Beginning February 1, 2022, Respondent shall have unmonitored visitation every other weekend beginning Friday at 6:00 p.m. until Sunday at 6:00 p.m., at her residence in Plano, Texas. Both the Petitioner and the Respondent shall exchange the minor at Atoka, OK, which location the Petitioner and Respondent designate as the half-way exchange point. Each Parent shall be responsible for their respective expenses to the half way exchange location.
II.
THE COURT FINDS THAT the parties shall utilize the Holiday Visitation Schedule attached hereto as Exhibit “1”.
III.
THE COURT FINDS THAT Respondent shall continue her court-ordered weekly counseling with Dr. Daniel Stockley until released by Dr. Stockley.
IV.
THE COURT FINDS THAT Respondent shall pay Petitioner child support in the amount of $623.64 beginning August 1, 2020, pursuant to the Child Support Computation filed contemporaneously herewith.
V.
THE COURT FINDS THAT Petitioner shall claim the minor child as a dependent in each year so long as Respondent owes Petitioner any monies for attorney fees. Upon Respondent being current for all monies due Petitioner, Petitioner shall be entitled to claim the parties’ minor child as a dependent on his state and federal income tax returns in odd numbered tax years and Respondent shall be entitled to claim the parties’ minor child as a dependent on her state and federal income tax returns in even numbered tax years.
VI.
THE COURT FINDS THAT the Respondent shall continue to pay in full the attorney fee judgment of September 17, 2019 within thirty-six months starting from the month of the dismissal of the Guardian ad Litem. Further, Respondent shall continue to pay the minimum amount of $500.00 per month beginning the 1st day of the month following dismissal of the Guardian ad Litem or September 1, 2021, which first occurs.
VII.
THE COURT FINDS THAT Petitioner’s address shall be utilized as the minor child’s address for school and other purposes. That Respondent shall utilize Petitioner’s address for applications or any other paperwork she completes on behalf of the minor child, upon entry of this order. Additionally, Respondent shall always use the minor child’s full legal name, to include his middle name, state that Petitioner is the sole, legal custodian of the minor child and list Petitioner’s contact information (address, phone number, etc.) on any such paperwork. Respondent shall never use her address as the address for the minor child. Each time Respondent violates this provision, Respondent has seven (7) days to correct the address, from the time the violation was brought to Respondent’s attention.
VIII.
THE COURT FINDS THAT Petitioner shall maintain possession of the minor child’s passport book and PIO (Person of Indian Origin), and any other identification documents and legal documents. Further, Petitioner shall be the owner of all social/email/personal security/login credentials for the minor child. Respondent will consult with Petitioner before putting the minor child on social media sites. Respondent will share the passwords with Petitioner for all such accounts including all accounts created before the filing of this order. Respondent and/or the minor child shall not open/create any alternate emails/social media accounts without Petitioner’s approval until the minor child reaches the age of majority. In the event Respondent utilizes any of the identification documents for the minor child (i.e. passport book, PIO, etc.), said documents shall be returned to Petitioner within twenty-four (24) hours of Respondent’s use.
IX.
THE COURT FINDS THAT the Guardian ad Litem shall be dismissed after the review hearing on November 2, 2020, provided the visitation is proceeding as anticipated and the parties are attending counseling and classes as ordered herein.
X.
THE COURT FINDS THAT each parent may travel with the minor child outside the USA for up to 4 weeks each year, upon approval of the other parent.
XI.
THE COURT FINDS THAT Petitioner shall pay fifty-four percent (54%) and Respondent shall pay forty-six percent (46%) of all reasonable and necessary medical, dental, orthodontic, optometrical, psychological or any other physical or mental health expenses of the child not reimbursed by insurance. Petitioner shall pay fifty-four percent (54%) and Respondent shall pay forty-six percent (46%) of the cost of all mutually agreed upon extracurricular activities for the minor child. Each party should reimburse the other for his or her share of such expense, or pay such sum directly to the provider if the other party has not already paid the full amount due, within thirty (30) days of his or her receipt of documentation for the expense of such care.
XII.
THE COURT FINDS THAT Petitioner shall enroll and attend an age-appropriate parenting class with Family and Children Services.
XIII.
THE COURT FINDS THAT Petitioner shall begin counseling to address the issues of Respondent’s manipulation and to understand his role as a protector of the minor child.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED by the Court that the Joint Custody Plan filed January 30, 2013, should be terminated and Petitioner is a fit and proper person to be awarded the sole and exclusive care, custody and control of the parties’ minor child, R. Agrawal, born May 2009, subject to Respondent’s rights of reasonable visitation as follows:
Beginning August 1, 2020, Respondent shall have visitation every other weekend beginning Friday at 6:00 p.m. until Sunday at 6:00 p.m., with said visitation being monitored, at Respondent’s sole expense. During August visitations, on Saturday the visitation supervisor would monitor at his/her discretion , and on Sunday the visitation supervisor would stay for approximately two (2) hours at his/her discretion. Thereafter, beginning September 1, 2020, Respondent shall have visitation every other weekend beginning Friday at 6:00 p.m. until Sunday at 6:00 p.m., with said visitation being monitored, at Respondent’s sole expense, on either Saturday or Sunday, at the visitation supervisor’s discretion. Beginning October 1, 2020, Respondent shall have unmonitored visitation every other weekend beginning Friday at 6:00 p.m. until Sunday at 6:00 p.m.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the parties shall
utilize the Holiday Visitation Schedule attached hereto as Exhibit “1”.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Respondent shall
continue her court-ordered weekly counseling with Dr. Daniel Stockley until released by Dr.
Stockley.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Respondent shall pay Petitioner child support in the amount of $623.64 beginning August 1, 2020, pursuant to the Child Support Computation filed contemporaneously herewith.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Petitioner shall claim the minor child as a dependent in each year so long as Respondent owes Petitioner any monies for attorney fees. Upon Respondent being current for all monies due Petitioner, Petitioner shall be entitled to claim the parties’ minor child as a dependent on his state and federal income tax returns in odd numbered tax years and Respondent shall be entitled to claim the parties’ minor child as a dependent on her state and federal income tax returns in even numbered tax years.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that in addition to the judgment previously awarded to Petitioner for attorney fees on September 17, 2019 for $10,000.00, he would be awarded an additional judgment in the amount of $35,000.00. Respondent shall pay in full the attorney fee judgment within thirty-six (36) months starting from the month of the dismissal of the Guardian ad Litem. Prior to making the lump sum payment, Respondent shall pay the minimum amount of $500.00 per month beginning the 1st day of the month following dismissal of the Guardian ad Litem or September 1, 2021, which first occurs.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Petitioner’s address
shall be utilized as the minor child’s address for school and other purposes. That Respondent shall utilize Petitioner’s address for applications or any other paperwork she completes on behalf of the minor child, upon entry of this order. Additionally, Respondent shall always use the minor child’s full legal name, to include his middle name, state that Petitioner is the sole, legal custodian of the minor child and list Petitioner’s contact information (address, phone number, etc.) on any such paperwork. Respondent shall never use her address as the address for the minor child. Each time Respondent violates this provision, Respondent has seven (7) days to correct the address, from the time the violation was brought to Respondent’s attention.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Petitioner shall
maintain possession of the minor child’s passport book and PIO (Person of Indian Origin), and any other identification documents and legal documents. Further, Petitioner shall be the owner of all social/email/personal security/login credentials for the minor child. Respondent will consult with Petitioner before putting the minor child on social media sites. Respondent will share the passwords with Petitioner for all such accounts including all accounts created before the filing of this order. Respondent and/or the minor child shall not open/create any alternate emails/social media accounts without Petitioner’s approval until the minor child reaches the age of majority. In the event Respondent utilizes any of the identification documents for the minor child (i.e. passport book, PIO, etc.), said documents shall be returned to Petitioner within twenty-four (24) hours of Respondent’s use.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the Guardian ad Litem shall be dismissed after the review hearing on November 2, 2020 at 10:00 a.m., provided the visitation is proceeding as anticipated and the parties are attending counseling and classes as ordered herein.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that each parent may
travel with the minor child outside the USA for up to 4 weeks each year, upon approval of the other
parent.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Petitioner shall pay
fifty-four percent (54%) and Respondent shall pay forty-six percent (46%) of all reasonable and
necessary medical, dental, orthodontic, optometrical, psychological or any other physical or mental
health expenses of the child not reimbursed by insurance. Petitioner shall pay fifty-four percent
(54%) and Respondent shall pay forty-six percent (46%) of the cost of all mutually agreed upon
extracurricular activities for the minor child. Each party should reimburse the other for his or her
share of such expense, or pay such sum directly to the provider if the other party has not already paid
the full amount due, within thirty (30) days of his or her receipt of documentation for the expense of
such care.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that if either party (“the
relocating party”) intends to move his or her primary residence or intends to move the primary
residence of a minor child of the parties over seventy-five (75) miles for a period of sixty (60) days or
more when such move is not a temporary absence from the child’s principal residence:
- The relocating party shall furnish the following information to the other party on the terms set out herein:
- The intended new address, including specific address, if known;
- The new mailing address, if not the same;
- The home telephone number, if known;
- The date of the intended move or proposed relocation;
- A brief statement of the specific reasons for the proposed relocation of the child; if applicable; and
- A proposal for a revised schedule of visitation with the child, if any.
- The relocating party shall give notice of the proposed relocation of the child or the proposed change of the party’s residence address to the other party on or before the sixtieth day before the proposed change. If the relocating party did not know and could not have reasonably known of the change in sufficient time to provide a sixty-day notice, then such party shall give notice of the change on or before the tenth day after the date that he or she knows of the change.
- The obligation of a party to give the notices and to provide the information set out herein shall continue so long as that party is entitled to custody of, or visitation with, a child covered by this order.
- The failure of a party to give the notices and to provide information set out herein may result in further litigation to enforce the order, including contempt of court.
- The failure of a party to notify of a relocation of the child may be taken into account in a modification of custody of, visitation with, possession of, or access to, the child. The Court may assess a reasonable attorney fees and costs against a party who fails to give the required notice.
- If a party who receives notice of the intent of the other party to relocate the residence of a child does not file, within thirty (30) days of receipt of such notice, a proceeding seeking a temporary or permanent order to prevent the relocation, the relocation is authorized.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Petitioner shall enroll
and attend an age-appropriate parenting class with Family and Children Services.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Petitioner shall begin
counseling to address the issues of Respondent’s manipulation and to understand his role as a
protector of the minor child.
__________________________________
JUDGE OF THE DISTRICT COURT
APPROVED AS TO FORM AND CONTENT:
______________________________________
Nitin Agrawal, Petitioner
______________________________________
Apurva Bhatwal, Pro se Respondent
8614 South 110th East Avenue
Tulsa, OK 74133
Telephone: (713) 922-3563
APPROVED AS TO FORM ONLY:
______________________________________
N. Scott Johnson, OBA #15268
- SCOTT JOHNSON & ASSOCIATES, P.L.L.C.
- East 10th Street Tulsa, OK 74120 Telephone: (918) 794-3333
Facsimile: (918) 794-3336 Attorney for Petitioner
______________________________________
Catherine Welsh, OBA #19606
Welsh & McGough, PLLC
2727 East 21st Street, Suite 600
Tulsa, Oklahoma 74114
Telephone: (918) 585-8600
Facsimile: (918) 794-4411
Guardian ad Litem
HOLIDAY VISITATION SCHEDULE
- HOLIDAY VISITATION
In even numbered years, Respondent shall have visitation on the following schedule of holidays:
Spring Break: From Friday at 6:00 p.m. until 6:00 p.m. on Sunday before school resumes
Summer Break: Six weeks commencing a week after schools break for the summer holidays.
Memorial Day: From Friday at 6:00 p.m. until Tuesday at 8:00 a.m.
Labor Day: From Friday at 6:00 p.m. until Tuesday at 8:00 a.m.
Thanksgiving: From Wednesday at 6:00 p.m. to Sunday at 6:00 p.m. unless it is Petitioner’s regularly scheduled weekend and he shall have the minor child until Monday morning and return the minor child to school.
Christmas: From 6:00 p.m. on December 24th until 6:00 p.m. on Sunday before school resumes
In odd numbered years, Respondent shall have visitation on the following schedule of holid ays:
Easter: From Friday at 6:00 p.m. until Sunday at 6:00 p.m., unless it is Petitioner’s regularly scheduled weekend and he shall have the minor child until return to school on Monday
Summer Break: Six weeks commencing six weeks after schools break for the summer holidays.
4th of July: From 6:00 p.m. July 3rd until 6:00 p.m. July 5th
Fall Break: From 6:00 p.m. on the day school recesses until Sunday at 6:00 p.m., unless it is Petitioner’s regularly scheduled weekend and he shall return the minor child to school on Monday
Christmas: From 6:00 p.m. on the day school recesses until 6:00 p.m. on Christmas Eve
The holiday visitation schedule set out above supersedes all other visitation. However, it is intended that the holidays alternate between custodial and non -custodial parents. Therefore, on those occasions when non-custodial visitation is ordinarily scheduled on a holiday set aside to the custodial parent, the non-custodial visitation shall not take place.
- SPECIAL VISITATION
Father and Mother’s Day
With respect to Father’s Day and Mother’s Day, the father shall have the child from 9:00 a.m. until 7:00 p.m. on Father’ Day. On Mother’s Day, the mother shall have the child from 9:00 a.m. until
7:00 p.m. on Mother’s Day.
HOLIDAY SCHEDULE SUPERSEDES ALL REGULARLY SCHEDULED VISITATION
The Holiday Schedule shall be governed by the school the child attends.
Exhibit “1”
- OTHER PROVISIONS
- Toys and clothes belonging to the child shall travel freely between households and shall be returned with the child in a clean and orderly manner.
- Parents are allowed to deviate from this schedule by mutual agreement.
- Special consideration should be given to each parent to make the child available to attend family functions, including funerals, wedding, family reunions, religious holidays, important ceremonies and other significant events in the life of the child or in the life of either parent which may inadvertently conflict with this visitation schedule.
- This visitation schedule is for the purpose of providing assured minimum amounts of visitation between non-custodial parent and child. Visitation should exceed the number of occasions set out herein.
- Liberal telephone communications and e-mail between the non-custodial parent and child are encouraged and should occur. Unless otherwise agreed upon by the parties “liberal telephone communications” is defined as twice a week between Monday and Friday and once during the weekend. If a parent uses an answering machine, messages left on the machine for the child should be returned within 24 hours. Parents should agree on a specified time for calls to the child so that the child will be available. Telephone communications are also encouraged and should occur between the child and the custodial parent during the non-custodial parent’s visitation.
f.
If the child is to go outside of the State of Oklahoma and the State of Texas for any reason each party is responsible for notifying the other party of location, address, and telephone number in case of an emergency. All trips outside of the State of Oklahoma and the State of Texas shall not conflict with the other party’s visitation. Neither party may permanently remove the minor child from the State of Oklahoma and the State of Texas without sixty (60) days prior written notice to the other party and be in full compliance of 43 O.S. §112.3.
- Each party shall give each other forty-eight (48) hours’ notice if unable to exercise his or her weekend visitation except as provided herein. The minor child is not to be used as a messenger for visitation notices.
- The parent who receives the notice of the school picture schedule or sports/activity picture schedule shall timely and promptly notify the other parent and shall provide the other parent with the opportunity to obtain copies of all school and/or sports photographs or studio portraits taken of the minor child.
- Neither parent shall excessively use or excessively consume alcohol, nor use non-prescription illegal narcotics and/or drugs while in the presence of the minor child.
Exhibit “1”
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