STATE OF INDIANA )
)SS:
COUNTY OF WELLS )
IN THE WELLS
CIRCUIT COURT
CAUSE NO.
90C01-1905-DC-000038
IN RE: THE MARRIAGE OF: )
TIFFANY WEISS, )
Petitioner )
and )
ROBERT WEISS, )
Respondent )
ORDER FOR SUMMONS
BY PUBLICATION
The Court, having read and examined the Praecipe for Notice by Publication and the Affidavit in Support of same, and being duly advised, now Orders that the Verified Petition to Modify Legal Custody and Grant Permission to Obtain a Passport and Notice of Hearing be served upon Petitioner, Tiffany Weiss, by publication.
Dated this day of 1/14/2025.
Kenton W. Kiracofe
Judge, Wells Circuit Court
Distribution:
David G. Crell
STATE OF INDIANA )
)SS:
COUNTY OF WELLS )
IN THE WELLS
CIRCUIT COURT
CAUSE NO.
90C01-1905-DC-000038
IN RE: THE MARRIAGE OF: )
TIFFANY WEISS, )
Petitioner )
and )
ROBERT WEISS, )
Respondent )
Verified Petition to Modify
Legal Custody and Grant
Permission to Obtain a Passport
Respondent, in person and by counsel, files this petition to modify custody, parenting time, support, and interrelated orders and in support thereof submits:
1. As part of its Decree of Dissolution issued in this case on February 11, 2020, this Court adopted the provisions of a Marital Settlement Agreement which granted the parties joint legal custody.
2. Since the date of the last Order, a continuing and substantial change in circumstances has occurred making the prior custody, parenting time, and support order unreasonable.
a. The continuing and substantial change in circumstances is that Petitioner/Mother left the United States for Peru in February of 2020 and remains there, with no stated timeline or date of return.
b. As of the date of this petition’s filing, Mother continues to reside in Peru and has limited and increasingly sporadic contact with Father and their child.
c. Mother seldomly returns Father’s communication attempts and has not provided Father with a current address.
d. Mother has remarried in Peru and has given birth to a subsequent child.
3. Father wishes to take the parties’ child on a vacation to the Caribbean and has tried obtaining a passport for their child.
4. Because the parties share joint legal custody, the federal department responsible for issuing passports requires Mother’s signature and agreement.
5. Despite his best efforts, Father has been unable to get Mother to respond to a request to sign the necessary paperwork.
6. Father can obtain a passport for their child if this Court grants permission for such.
7. Father is seeking a passport for the sole purpose of taking the child on a vacation and has no intention of depriving this court of jurisdiction of the child, relocating, or otherwise thwarting any possibility or attempt by Mother to contact child.
8. Father believes it is in the best interests of their child for Father to have sole legal custody, as this will enable Father to address the passport issue, and any other issue that may arise in the future, where having a non-cooperating parenting with joint legal custody causes problems.
9. Additionally, due to Mother essentially disappearing and abandoning the responsibilities of motherhood to their child, Father finds it impossible to communicate and work with Mother in any manner necessary for the effectuation of joint legal custody.
WHEREFORE, the Respondent requests this Court set this matter for a hearing and at the conclusion of that hearing, issue an order granting him sole legal custody and permission to obtain a passport, and for all other just and proper relief in the premises.
I hereby affirm on this 10th day of January, 2025, under the penalties for perjury that the foregoing statements are true and correct.
/s/Robert Weiss
ROBERT WEISS, Respondent
Approved as to form:
/s/David G. Crell
David G. Crell, #28512-02
Crell Law, P.C.
2712 Lower Huntington Road
Fort Wayne, IN 46809
Telephone: (260) 747-5353
Attorney for Respondent
STATE OF INDIANA )
)SS:
COUNTY OF WELLS )
IN THE WELLS
CIRCUIT COURT
CAUSE NO.
90C01-1905-DC-000038
IN RE: THE MARRIAGE OF: )
TIFFANY WEISS, )
Petitioner )
and )
ROBERT WEISS, )
Respondent )
NOTICE OF HEARING/ORDER
TO APPEAR
TO: Tiffany Weiss
By publication
This Court, having reviewed Respondent’s Verified Petition to Modify Legal Custody and Grant Permission to Obtain a Passport now sets the same for hearing on the 31st day of March, 2025, at 9:30 o’clock a.m. in the Wells Circuit Court, Courthouse, Bluffton, Indiana, for one (1) hour.
Dated this 14 day of January, 2025.
Kenton W. Kiracofe
Judge, Wells Circuit Court
Distribution:
David G. Crell
nb 2/4, 2/11, 2/18
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