IN THE DISTRICT COURT OF OSAGE COUNTY

STATE OF OKLAHOMA

DANNY JOE COUFFER, )

Petitioner, )
)
vs. ) Case No. FD-2016-10
) ATTORNEYS LIEN CLAIMED
LEAH ANN LOWRY-COUFFER, )
Respondent. )

DECREE OF DIVORCE, DISSOLUTION OF MARRIAGE, AGREED

ORDER ESTABLISHING PATERNITY, CHILD CUSTODY, VISITATION
AND CHILD SUPPORT

NOW, on this _______ day of _______________, 2016, this

matter comes before the Court on the Petition for Dissolution of
Marriage, Order Establishing Paternity, Child Custody, Visitation
and Child Support filed herein by the Petitioner on the 3rd day
of February, 2016. The Petitioner, Danny Joe Couffer appears in
person, by and through his Counsel of Record, Burl O. Estes, and
the Respondent, Leah Ann Lowry-Couffer appears pro se. The
Court, after reviewing the record, and the Court Minute, on file
herein and made part of this record, as announced to this Court
on the 16th day of June, 2016, and incorporated herein with
respect to the custody of the parties first born; namely, J.J.L.
DOB, 08/28/2015, and the Court, having heard testimony, FINDS as
follows:

The Court, having examined the files and records in this

case, having fully considered the evidence, and being fully
advised in the premises, FINDS:
1. Rules for District Court.
a. District Court Rule 8.2 (Memorializing Record):
complied with.
b. 43 OS §551-101et seq. (Uniform Child Custody
Jurisdiction and Enforcement Act): complied with.
c. 28 USC §1738 (Parental Kidnapping Prevention Act):
complied with.
d. 43 OS §601-100 et seq. (Uniform Interstate Family
Support Act): complied with.
e. 28 USC §1728B (Full Faith and Credit of Child
Support Orders Act): complied with.
f. 43 OS 551-101 (Oklahoma Indian Child Welfare Act):
not applicable.
g. 25 USCA 1981 et seq. (Indian Child Welfare Act):

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 not applicable.
2. Petitioner’s Allegations. All material facts alleged in
Petitioner’s Petition of Divorce and Dissolution of
Marriage, Petition to Establish Paternity, Custody,
Visitation and Child Support are true. More
specifically, as follows:

A. That on the 25th day of January, 2016 the

Respondent/Mother, Leah Ann Lowry-Couffer
submitted to the Court a sworn affidavit attached
to the Application for Writ of Assistance wherein
Respondent requested the Court issue an Order to
pick up J.J.L. DOB 08/28/2015, the minor child of
the parties. In said Application, Respondent
caused to have filed in this Court a known false
statement, verified and signed before a Notary
Public, and did then and there present same to the
Court knowing said statement was false, whereby
committing perjury. Respondent/Mother, under
sworn testimony to this Court stated that the
Petitioner, Danny Joe Couffer, “knows he is not my
son’s father. And he has no legal rights to my
son. I’ve attached the birth certificate and
affidavit of paternity as exhibits...” (A copy of
the Respondent/Mother’s falsified, sworn to
affidavit is attached hereto and made a part
hereof)

B. That the Respondent/Mother, Leah Ann Lowry-Couffer

was Ordered by this Court on the 22nd day of
February, 2016 to provide corrected birth
certificate of the minor child of the parties,
J.J.L., DOB 08/28/2015, within 14 days from the
date of the Order, issued by Court Minute. Said
certificate has not been provided as of the date
hereof.

C. That the Respondent/Mother, Leah Ann Lowry-Couffer

was Ordered by this Court to submit to a U.A. and
Nail Bed Test on said date, that being February
22, 2016, and Respondent was informed that refusal
to provide test results to Petitioner and
Petitioner’s Counsel would result in a presumptive
positive result. Respondent has refused to
provide the results from the TASC drug test as
Ordered on said date. (A copy of the Order is

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 attached hereto and made a part hereof).

3. Date of Marriage. The parties were married on 8th Day

of December, 2015, at Muskogee, Oklahoma, and have been
since that time and are at the present time husband and
wife.

4. Children. Of this marriage, one (1) child has been

born, now a minor, namely;

C. W. C., born 07/15/2016

That prior to the marriage, but while Petition and

Respondent were in a relationship and of that union the
party’s first child was born, now a minor, namely;

J. J. L., born 08/25/2015

That the parties agreed that that J.J.L.’s sir-name be

changed from Lowrey to Couffer.

To the best of the Petitioner’s belief the respondent

is not now pregnant.

5. That the Petitioner is a fit and proper person and that

he should be granted exclusive care, custody and
control of the above named minor children with the
Respondent to have reasonable visitation with said
minor children.

6. Waiting Period. Pursuant to 43 O.S. §107.1 more than

ninety (90) days have passed since the service of
process on the Respondent.

7. Petitioner’s Residence. The Petitioner was for more

than six (6) months next proceeding the filing of
Petitioner’s Petition herein a bona fide resident in
good faith of the State of Oklahoma, and was for more
than thirty (30) days prior to the filing of
Petitioner’s Petition an actual resident in good faith
of Osage County, Oklahoma.

THE COURT FURTHER FINDS AND IT IS THEREFORE ORDERED by the

Court that:

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 Dissolution of Marriage. Both parties are entitled to
and are hereby awarded an absolute Decree of Divorce
and Dissolution of Marriage upon the grounds of
incompatibility from each other. The bonds of
matrimony heretofore existing between the parties are
hereby dissolved, set aside and held for naught, and
both parties are released therefrom; PROVIDED, that
until six (6) months from the date of the Decree
neither party shall remarry another person. Both
parties may make at any time a written and signed
Application to the Court asking that this Decree be set
aside and held for naught, and upon proper proof to the
Court the Decree will be set aside and vacated.

PATERNITY

THE PARTIES HEREBY AGREE, THE COURT FINDS AND ORDERS that
the Petitioner, Danny Joe Couffer, is the natural father of the
parties minor child born prior to the marriage; more
specifically, Jaxson Joseph Lowry born August 28, 2015; The
court Further FINDS and ORDERS That Paternity is hereby
established pursuant to Article 3 of the Uniform Parentage Act,
Title 10 O.S. §7700-501 et seq., in that the Petitioner has been
determined to the natural father by voluntarily submitting to
genetic testing and said results indicate the probability of
paternity of 99.9999995% and has satisfied the requirements of
Title 10 O.S. §770-505.

That the person named on the birth certificate has no

knowledge his name was placed on the child’s birth certificate,
and it is found that the mother falsified the name of Matthew
Mellage on the birth certificate of J.J.L. DOB 08/25/2015 and
that said birth certificate is on file with the Oklahoma
Department of Vital Statistics. Further, that said birth
certificate shall be and is hereby Ordered by the Court to be
changed to reflect the natural father of the minor child, J.J.L.
DOB 08/28/2015, and that the birth certificate be changed to the
sir-name of the natural father, Danny Joe Couffer in accordance
with the results of the Genetic Testing in the best interest of
the child, and is hereby a judicial determination of paternity,
and provisions are hereby adopted, as attached hereto and made a
part hereof, for the support and maintenance of the child
pursuant to the Oklahoma Child Support Guidelines.

CUSTODY AND VISITATION

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 THE COURT FINDS AND ORDERS that the Petitioner is a fit and
proper person that the Petitioner should be granted legal care,
custody and control of the above named minor children. The
Petitioner should be designated the primary custodian and the
Respondent should be granted liberal, and reasonable visitation
rights with said minor children in this, Journal Entry of Decree
and Dissolution of Marriage and Paternity, Custody, Visitation
and Child Support as hereby Ordered by the Court, and
incorporated herein below in accordance with 43 O.S. §109.2.

1.Primary Physical and Legal Custody. Petitioner is a fit

and proper person and parent, physically and
psychologically, to be granted physical and legal care,
custody and control of the above-named minor children. The
Petitioner’s residence shall be designated as the primary
legal residence of the minor children, subject to the
visitation rights of the Respondent/Mother herein.

2.Equal Rights and Responsibilities. Both parties should and

shall have equal rights and responsibilities concerning the
minor children, as more specifically set out below, and
neither parties' rights shall be superior, except as
provided herein as evidenced by the parties agreement.

3.Conferring and Joint Decision-Making. Both parties should

and shall reasonably confer with one another by the most
reasonable and appropriate method, and should and shall
share decision-making authority as to important decisions
affecting the physical, mental and moral upbringing of the
minor children, and other areas requiring decisions
affecting the growth and development of the minor children,
including, but not limited to:

a.Schools which the child shall attend;

b.Summer camps and church schools and/or classes which
the child shall attend;
c.Fashion and manner in which the child shall be
disciplined;
d.Religious instruction;
e.Medical, dental, orthodontic, and optical care,
psychotherapy and counseling;
f.Organized recreational and extracurricular
activities; and,
g.Sports activities and extracurricular activities;

and the parties shall arrive at decisions promoting the best

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interest of the minor children; The parents shall exchange
school and/or medical information and/or records and/or any
other pertinent information about the minor child within 48
hours of his or her receipt of same.

4.Normal, Regular and Routine Matters. The parties agree

that during the period each of them has physical custody of
the children, that parent shall decide all normal, regular
and routine matters concerning the children’s welfare, and
that each party shall cooperate with one another in
maintaining a mutually supportive arrangement regarding such
normal, regular and routine matters.

5.Routine Medical Care. The parties agree that during the

period each of them has physical custody of the children,
that parent shall have the decision-making authority
concerning the routine medical care of the children and that
each party shall freely provide one another information
about the children’s minor illnesses or injuries while in
his or her care. Further, both parties agree that if one or
both of the parties minor children requires any medical
treatment and/or medication, then the parent having physical
custody or exercising visitation shall abide by the
instructions of the parent providing medication(s) and
medical needs during said exercise of their visitations.

6.Major Medical Care or Treatment. Both parties shall

consult with each other and make joint decisions regarding
major medical care or treatment. The Petitioner shall be
permitted to schedule an elective surgery for the minor
children without the consent of the Respondent, provided
however, the Petitioner shall inform the Respondent as soon
as possible after learning that the surgery is scheduled.

7.Emergency Medical Care or Treatment. The parent having

physical custody of the minor children shall have the right
to authorize emergency medical care or treatment; PROVIDED
THAT the parent shall inform and notify the other parent of
the "emergency" as soon as possible.

8.Physical Custody Schedule. In order to insure continuing

association between the minor children and each parent and
best promote and foster continued parent-child
companionship, the Petitioner’s residence will be the
primary residence of the children and the Respondent shall

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 have visitation of the minor children as agreed and set
forth below under the Visitation Schedule.

9. Changes in addresses, telephone numbers, etc. In the event

a party experiences a change in his or her home or work
address, home or work telephone number, or telephone number,
that party shall notify the other parent within 72 hours of
the change in writing (email is acceptable), providing the
new information.

10. Parenting Rights. Every parent has the right to know where
his or her children are located overnight at all times. It will
be presumed that the children are with the parent exercising
physical custody and/or visitation. If, however, this is not the
case, then that parent has the duty to inform the other parent
of the whereabouts of the children, the name of the caretaker,
the phone number and address of that caretaker so that the parent
not exercising physical custody and/or visitation will know and
can call the children, if appropriate. Further, both parents
intend to jointly exercise the following rights in the best
interest of the minor child:

a. Right to reasonable access and unhampered contact with

the child upon reasonable prior notice and within the
schedule of physical custody and/or visitation included
in this Plan.
b. Right to be notified in case of the children's illness.
c. Right to have full access to the children's medical,
dental, orthodontic, optical, psychological or other
records, the right to inspect and have copies of same,
and the right to consult with any professional treating
the children.
d. Right to consult with school officials concerning the
children's educational status, and the right to inspect
and receive any and all student records.
e. Right to receive, or have forwarded promptly from the
physical custodial parent or school, copies of all
school reports, calendar of school events, notice of
parent-teacher conferences and school programs, and the
right to purchase school pictures, fund-raising items,
etc.
f. Right to a schedule of the children's activities.
g. The parties agree that the address and telephone
numbers of one another, and those places where the
minor children might be temporarily staying, shall be
known to each other at all times.

11. Right of First Refusal

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 The parties shall exercise the right of first refusal in
either of the following circumstances:

a. When a party exercising physical custody and/or

visitation leaves the jurisdiction for more than 24
hours without taking the children, then that party
SHALL offer the opportunity to care for the children to
the other parent while out of jurisdiction.
b. When a parent then exercising physical custody and/or
visitation of the minor children and that parent cannot
physically perform his or her custodial duties (i.e.,
illness, hospitalization, arrest, incarceration, etc.),
for more than 24 hours, then the other parent shall
exercise the temporary physical custody of the children
until the other parent’s disability has ended.

12. Derogatory Remarks. Both parties shall refrain from making

derogatory remarks or comments about each other in the
presence of the children, or ask the children to keep
inappropriate secrets from the other parent.

13. Remarriage. Both parties agree that in the event either

remarries or co-habitates with another, that party's spouse
or significant other shall be made aware of the terms of
this Custody and Visitation Plan, and that party shall exert
every effort to ensure that his or her spouse or significant
other honors and respects the terms and provisions of the
Plan.

14. Mediation. In the event that a dispute arises between the

parties concerning any matter pertaining to the children,
including but not limited to the interpretation of any
provision contained herein, and the parties cannot resolve
the conflict between themselves, then they will submit to
mediation with a mediator agreed upon by the parties or, the
Court may, pursuant to 43 O.S. §109 (H), appoint a mediator
to resolve any such disagreement or dispute. In the event
the parties cannot satisfactorily resolve the disagreement
or dispute through mediation, then either party has the
right to file suit in a Court of competent jurisdiction to
resolve the disagreement or dispute.

VISITATION SCHEDULE

Both parents shall split the costs and transportation of the

minor children from Osage, Oklahoma, where the children reside
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with the Petitioner, to the residence of the Respondent, in
Broken Arrow, Oklahoma, where the Respondent resides. When
exercising visitation, the Petitioner shall provide
transportation to the children transporting said children from
the residence of the Petitioner, and Respondent shall provide
transportation back from Broken Arrow, Oklahoma to Osage County,
Sand Springs, Oklahoma, should the Respondent elect to exercise
her right of visitation. Further, Respondent shall notify the
Petitioner the week in advance, if she elects to exercise said
visitation with the minor children.

The non-custodial parent shall have visitation with the minor

children of the parties as follows:

I. REGULAR VISITATION:

a) The non-custodial parent shall have visitation every

other weekend from Friday from the hour of 5:00 p.m.
until Sunday at 5 p.m. of the same weekend.

II. HOLIDAY VISITATION:

In Even numbered years (i.e. 2016, etc.) the non-custodial parent
shall have the following schedule of visitation for
Holidays:
Easter: 9:00 a.m. to 4:00 p.m.
Christmas Day: 9:00 a.m. to 4:00 p.m.
All Mothers Day weekends shall be
spent with the Mother. 9:00 a.m. to 4:00 p.m.

THE HOLIDAY SCHEDULE SUPERSEDES ALL REGULARLY SCHEDULED

VISITATION.

III. SUMMER VISITATION:

The non-custodial parent shall have Summer Visitation June 20th

through June 30th, if said parent so wishes to exercise the
visitation.

IV. OTHER PROVISIONS:

a) All toys and clothes belong to the children and should

travel freely between households and shall be returned
with the children in a clean and orderly manner.
b) Parents are allowed to deviate from this schedule by
mutual agreement.

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 c) It is important to be aware that this visitation
schedule is for the purpose of providing assured
minimum amounts of visitation between non-custodial
parent and children. Visitation should exceed the
number of occasions set out herein.
d) In addition, liberal telephone communications between
non-custodial parent and children are encouraged and
should occur. Liberal telephone communications are
also encouraged and should occur between the children
and the custodial parent during the non-custodial
parent's visitation.

DIVISION OF REAL AND PERSONAL PROPERTY

IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT

that each party is entitled to their respective personal property
in each other’s possession. The parties have no real property
purchased during the marriage.

Signed on ____________________, 2016.

______________________________
JUDGE OF THE DISTRICT COURT

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