IN THE CIRCUIT COURT OF SEBASTIAN COUNTY, ARKANSAS
FORT SMITH DISTRICT
DOMESTIC RELATIONS DIVISION
ANTHONY LANE PLAINTIFF
VS. CASE NO.
LESIA LASHAWN HEFFNER DEFENDANT
VERIFIED PETITION FOR PATERNITY, VISITATION,
TO SET SUPPORT AND OTHER BENEFITS FOR MINOR CHILDREN
AND FOR EX PARTE ORDER DIRECTING THE
APPEARANCE OF THE DEFENDANT AND THE
MINOR CHILDREN UNDER PENALTY OF COURT
Comes now the Plaintiff, Anthony Lane, by and through his attorney, Joel W. Price, and in support of his Verified Petition, alleges and states as follows:
I.
Plaintiff is a resident of Texarkana, Miller County, Arkansas. The Defendant is a resident of the Fort Smith District of Sebastian County as are the minor children hereinafter described.
II.
The Plaintiff brings his cause of action pursuant to A.C.A. §9-10-104 et.seq. The pertinent venue statute provides that paternity actions shall be in the county where the Plaintiff resides or, in cases involving a juvenile, in the county in which the juvenile resides. Inasmuch as the minor children (the juveniles herein) reside in the Fort Smith District of Sebastian County, venue is proper in this Court.
III.
Over a period of years the Plaintiff and the Defendant were engaged in an intimate relationship, which included sexual relations, during the periods of times within which the Defendant became pregnant with the children hereinafter named.
IV.
Plaintiff and Defendant lived together constantly from 1989 to 1996 and during that time the Defendant gave birth to the minor child known as Ashley Marie Lane. The Defendants name, with his knowledge and consent, affixed to the Birth Certificate for the minor child (a copy of which is attached hereto and incorporated herein by reference).
V.
When the parties separated in 1996, the Defendant was pregnant with another child, who was subsequently born in May of 1997 and whose name is Sarah Elizabeth.
VI.
The Plaintiff and Defendant got back together and lived together again in Oklahoma, but after a period of time the Defendant left the relationship and came to Fort Smith.
VII.
About a year later, Plaintiff was informed that the Defendant and both children, Ashley Marie and Sarah Elizabeth, were living with the mother in Fort Smith at a boarding house maintained by the Alamo Foundation. The Plaintiff came to Fort Smith and visited with the Defendant and the two minor children at the Alamo Church on Sundays and after 3 or 4 weeks he was invited to stay by both her and the church.
At first the Plaintiff stayed in a boarding house maintained for male brothers by the Alamo Church and then a taped message was received from Tony Alamo, who was then in prison, stating that the Plaintiff and Defendant were to be married in the church before they could again live together.
The parties had a church ceremony which was performed by an acting elder brother, although no legal registration of the ceremony was made.
The Plaintiff stayed for about two months with the Defendant and worked for the Alamo Enterprises, without pay, and talked with the Defendant about leaving the church in order to protect the children. The Plaintiff witnessed a 13 year old girl being married to a 40 year old and attempted to have the Defendant and his children leave the church for those reasons and others.
The Defendant put him on report to Tony and Tony Alamos wives read the report to Tony and Tony Alamo put the Plaintiff out of the church.
At that time the Defendant was then pregnant with their third child who subsequently was born Timothy James in June of 1998.
VIII.
Over the years the Plaintiff has tried to re-establish contact with his children but has been thwarted by the Defendant and the Alamo Church.
IX.
The Plaintiff is personally aware of other cases wherein non-members of the Church who have had custody or visitation issues with the church members have been denied access to their children, not withstanding valid court orders, and Plaintiff is concerned that without an appropriate ex parte order from this Court that the Defendant may secrete the children from both him and the jurisdiction of this Court, and, accordingly, the Plaintiff requests that an ex parte order be issued compelling the Defendant and the minor children to appear before this Court for DNA testing and otherwise, or that Defendant face the loss of custody and award of custody to the Plaintiff should she fail to appear and present the minor children before the Court.
WHEREFORE, the Plaintiff prays that this Court enter an ex parte order directing the Defendant and the minor children to appear before this Court at a time certain for the purpose of paternity testing and other proceedings regarding this cause of action that the parties be subjected to the DNA testing and that upon the scientific determination of paternity, the Court make a paternity determination that Plaintiff is the father of the three minor children named hereinabove and that the Court make custody, visitation, support and other determinations for the benefit of the minor children; Plaintiff prays further for all other just and proper relief to which he may show himself entitled, including costs and attorneys fees, whether or not specifically set forth herein.
Respectfully submitted,
ANTHONY LANE, PLAINTIFF
By: __________________________
JOEL W. PRICE
Attorney for Plaintiff
515 Garrison
Fort Smith, AR 72901
PH: 479-782-3201
ABA #78129
