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360-543013-13 FILED
TARRANT COUNTY
8/17/2021 12:02 PM
THOMAS A. WILDER
NO. 360-543013-13 DISTRICT CLERK
IN THE INTEREST OF § IN THE DISTRICT COURT
§
BRODIE MICHAEL WADE, GRAYSON §
DANIEL WADE AND RHYDER COLE § 360TH JUDICIAL DISTRICT
WADE §
§
CHILDREN § TARRANT COUNTY, TEXAS PARENT
PETITION TO MODIFY -CHILD RELATIONSHIP
1. Discovery Level
Discovery in this case is intended to be conducted under level2 of rule 190 of the Texas
Rules of Civil Procedure.
2. Parties and Order to Be Modified
This suit to modify a prior order is brought by Daniel Allen Wade, Petitioner. The last
three numbers of Daniel Allen Wade's driver's license number are 957. The last three numbers
of Daniel Allen Wade's Social Security number are 504. Petitioner is the father of the children
and has standing to bring this suit. The requested modification will be in the best interest of the
children.
Respondent is Robin Nicole Wade.
The order to be modified is entitled Final Decree of Divorce, rendered on February 5,
2015 and Agreed Order in Suit to Modify Parent-Child Relationship, rendered on November 11,
2016.
3. Jurisdiction
This Court has continuing, exclusive jurisdiction of this suit.
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4. Children
The following children are the subject of this suit:
Name: Brodie Michael Wade
Sex: Male
Birth date: 11/01/2007
Name: Grayson Daniel Wade
Sex: Male
Birth date: 08/03/2009
Name: Rhyder Cole Wade
Sex: Male
Birth date: 08/18/2011
5. Parties Affected
The following parties may be affected by this suit:
Name: Robin Nicole Wade
Relationship: mother
Process should be served wherever she may be found.
Name: The Office of the Attorney General
Process should be served by electronic e-filing system.
6. Insurance Information
Information required by section 154.181(b) and section 154.1815 of the Texas Family
Code is to be provided prior to any Final Trial.
7. Children's Property
There has been no change of consequence in the status of the children's property since the
prior order was rendered.
8. Protective Order Statement
No protective order under title 4 of the Texas Family Code, protective order under
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subchapter A of chapter 7B of the Texas Code of Criminal Procedure, or order for emergency
protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to
a party to this suit or a child of a party to this suit and no application for any such order is
pending.
9. Modification of Conservatorship, Possession and Access
The order to be modified is not based on a mediated or collaborative law settlement
agreement. The circumstances of the children, a conservator, or other party affected by the order
to be modified have materially and substantially changed since the date of rendition of the order
to be modified.
The conservator who has the exclusive right to designate the primary residence of the
children has voluntarily relinquished the primary care and possession of the children to another
person for at least six months, and such temporary relinquishment is not a result of the
conservator's military deployment, military mobilization, or temporary military duty as those
terms are defined in section 153.701 ofthe Texas Family Code.
Petitioner requests that he be appointed as the person who has the right to designate the
primary residence of the children.
Preceding the filing of this suit, Respondent has engaged in a history or pattern of child
neglect.
Petitioner requests that the Court consider this conduct in appointing the Petitioner as
sole managing conservator or the parties as joint managing conservators.
There is a history or pattern of child neglect committed by Respondent. Petitioner
requests the Court to deny Respondent access to the children. Alternatively, Petitioner requests
that the Court render a possession order that provides that Respondent's periods of visitation be
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continuously supervised by an entity or person chosen by the Court.
The requested modification is in the best interest of the children.
10. Support
The order to be modified is not based on a mediated settlement agreement. The
circumstances of the child or a person affected by the order have materially and substantially
changed since the date of the signing of the mediated settlement agreement on which the order to
be modified is based, and the support payments previously ordered should reflect the change in
conservatorship of the child until the child is eighteen years of age and, if the child is enrolled
under chapter 25 of the Texas Education Code in an accredited secondary school in a program
leading toward a high school diploma and complying with the minimum attendance requirements
of subchapter C of chapter 25 of the Education Code, or enrolled under section 130.008 of the
Education Code in courses for joint high school and junior college credit and complying with the
minimum attendance requirements of subchapter C of chapter 25 of the Education Code, or
enrolled on a full-time basis in a private secondary school in a program leading toward a high
school diploma and complying with the minimum attendance requirements imposed by that
school, until the end of the month in which the child graduates from high school. Petitioner
requests that any increase be made retroactive to the earlier of the time of service of citation on
Respondent or the appearance of Respondent in this modification action.
The requested modification is in the best interest of the children.
11. Requestfor Temporary Orders
Petitioner requests the Court, after notice and hearing, to make temporary orders for the
safety and welfare of the children, including but not limited to the following:
Appointing Petitioner the temporary conservator who has the right to designate the
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primary residence of the children.
Ordering Respondent to provide support for the children, including the payment of child
support and medical and dental support in the manner specified by the Court, while this case is
pending.
Denying Respondent access to the children or, alternatively, rendering a possession order
providing that Respondent's periods of visitation be continuously supervised.
With regard to the requested temporary order for managing conservatorship, Petitioner
would show the Court the following:
The children's conservator who has the exclusive right to designate the primary residence
of the children has voluntarily relinquished the primary care and possession of the children for
more than six months, the requested temporary order is in the best interest of the children, and
such voluntary relinquishment is not a result of the conservator's military deployment, military
mobilization, or temporary military duty as those terms are defined in section 153.701 of the
Texas Family Code.
12. Request for Temporary Restraining Order
Petitioner requests the Court to dispense with the necessity of a bond, and Petitioner
requests that Respondent be temporarily restrained immediately, without hearing, and after
notice and hearing be temporarily enjoined, pending the further order of this Court, from:
Disturbing the peace of the children or of another party.
Withdrawing the children from enrollment in the school or day-care facility where the
children are presently enrolled.
Hiding or secreting the children from Petitioner.
Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or
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within the hearing of the children.
Consuming alcohol within the 8 hours before or during the period of possession of or
access to the children.
Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the
level of coverage that existed at the time this suit was filed of, any health or dental insurance
policy insuring the children.
13. Request for Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of Chloe Chartier, a licensed
attorney, to preserve and protect the children's rights. Respondent should be ordered to pay
reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should
be rendered in favor of this attorney and against Respondent and be ordered paid directly to
Petitioner's attorney, who may enforce the judgment in the attorney's own name. Petitioner
requests postjudgment interest as allowed by law.
14. Prayer
Petitioner prays that citation and notice issue as required by law and that the Court enter
its orders in accordance with the allegations contained in this petition.
Petitioner prays that the Court immediately grant a temporary restraining order
restraining Respondent, in conformity with the allegations of this petition, from the acts set forth
above, and Petitioner prays that, after notice and hearing, this temporary restraining order be
made a temporary injunction.
Petitioner prays for attorney's fees , expenses, costs, and interest as requested above.
Petitioner prays for general relief.
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Respectfully submitted,
BAILEY & GALYEN
312 E. Renfro, Suite 202
Burleson, Texas 76028
Tel: (817) 263-3000
Fax: (817) 263-3010
Email: bglaw@galyen.com
By:--=~ ~---=-----Â
Chloe Chartier
State BarNo. 24123103
Attorney for Petitioner
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360-543013-13 FILED TARRANT COUNTY 8/17/2021 12:02 PM THOMAS A. WILDER NO. 360-543013-13 DISTRICT CLERK IN THE INTEREST OF § IN THE DISTRICT COURT § BRODIE MICHAEL WADE, GRAYSON § DANIEL WADE AND RHYDER COLE § 360TH JUDICIAL DISTRICT WADE § § CHILDREN § TARRANT COUNTY, TEXAS PARENT PETITION TO MODIFY -CHILD RELATIONSHIP 1. Discovery Level Discovery in this case is intended to be conducted under level2 of rule 190 of the Texas Rules of Civil Procedure. 2. Parties and Order to Be Modified This suit to modify a prior order is brought by Daniel Allen Wade, Petitioner. The last three numbers of Daniel Allen Wade's driver's license number are 957. The last three numbers of Daniel Allen Wade's Social Security number are 504. Petitioner is the father of the children and has standing to bring this suit. The requested modification will be in the best interest of the children. Respondent is Robin Nicole Wade. The order to be modified is entitled Final Decree of Divorce, rendered on February 5, 2015 and Agreed Order in Suit to Modify Parent-Child Relationship, rendered on November 11, 2016. 3. Jurisdiction This Court has continuing, exclusive jurisdiction of this suit. Petition to Modify- Wade Page 1 of7 130409-1 4. Children The following children are the subject of this suit: Name: Brodie Michael Wade Sex: Male Birth date: 11/01/2007 Name: Grayson Daniel Wade Sex: Male Birth date: 08/03/2009 Name: Rhyder Cole Wade Sex: Male Birth date: 08/18/2011 5. Parties Affected The following parties may be affected by this suit: Name: Robin Nicole Wade Relationship: mother Process should be served wherever she may be found. Name: The Office of the Attorney General Process should be served by electronic e-filing system. 6. Insurance Information Information required by section 154.181(b) and section 154.1815 of the Texas Family Code is to be provided prior to any Final Trial. 7. Children's Property There has been no change of consequence in the status of the children's property since the prior order was rendered. 8. Protective Order Statement No protective order under title 4 of the Texas Family Code, protective order under Petition to Modify - Wade Page 2 of7 130409-1 subchapter A of chapter 7B of the Texas Code of Criminal Procedure, or order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit and no application for any such order is pending. 9. Modification of Conservatorship, Possession and Access The order to be modified is not based on a mediated or collaborative law settlement agreement. The circumstances of the children, a conservator, or other party affected by the order to be modified have materially and substantially changed since the date of rendition of the order to be modified. The conservator who has the exclusive right to designate the primary residence of the children has voluntarily relinquished the primary care and possession of the children to another person for at least six months, and such temporary relinquishment is not a result of the conservator's military deployment, military mobilization, or temporary military duty as those terms are defined in section 153.701 ofthe Texas Family Code. Petitioner requests that he be appointed as the person who has the right to designate the primary residence of the children. Preceding the filing of this suit, Respondent has engaged in a history or pattern of child neglect. Petitioner requests that the Court consider this conduct in appointing the Petitioner as sole managing conservator or the parties as joint managing conservators. There is a history or pattern of child neglect committed by Respondent. Petitioner requests the Court to deny Respondent access to the children. Alternatively, Petitioner requests that the Court render a possession order that provides that Respondent's periods of visitation be Petition to Modify- Wade Page 3 of7 130409-1 continuously supervised by an entity or person chosen by the Court. The requested modification is in the best interest of the children. 10. Support The order to be modified is not based on a mediated settlement agreement. The circumstances of the child or a person affected by the order have materially and substantially changed since the date of the signing of the mediated settlement agreement on which the order to be modified is based, and the support payments previously ordered should reflect the change in conservatorship of the child until the child is eighteen years of age and, if the child is enrolled under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma and complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code, or enrolled under section 130.008 of the Education Code in courses for joint high school and junior college credit and complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code, or enrolled on a full-time basis in a private secondary school in a program leading toward a high school diploma and complying with the minimum attendance requirements imposed by that school, until the end of the month in which the child graduates from high school. Petitioner requests that any increase be made retroactive to the earlier of the time of service of citation on Respondent or the appearance of Respondent in this modification action. The requested modification is in the best interest of the children. 11. Requestfor Temporary Orders Petitioner requests the Court, after notice and hearing, to make temporary orders for the safety and welfare of the children, including but not limited to the following: Appointing Petitioner the temporary conservator who has the right to designate the Petition to Modify- Wade Page 4 of7 130409-1 primary residence of the children. Ordering Respondent to provide support for the children, including the payment of child support and medical and dental support in the manner specified by the Court, while this case is pending. Denying Respondent access to the children or, alternatively, rendering a possession order providing that Respondent's periods of visitation be continuously supervised. With regard to the requested temporary order for managing conservatorship, Petitioner would show the Court the following: The children's conservator who has the exclusive right to designate the primary residence of the children has voluntarily relinquished the primary care and possession of the children for more than six months, the requested temporary order is in the best interest of the children, and such voluntary relinquishment is not a result of the conservator's military deployment, military mobilization, or temporary military duty as those terms are defined in section 153.701 of the Texas Family Code. 12. Request for Temporary Restraining Order Petitioner requests the Court to dispense with the necessity of a bond, and Petitioner requests that Respondent be temporarily restrained immediately, without hearing, and after notice and hearing be temporarily enjoined, pending the further order of this Court, from: Disturbing the peace of the children or of another party. Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled. Hiding or secreting the children from Petitioner. Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or Petition to Modify- Wade Page 5 of7 130409-1 within the hearing of the children. Consuming alcohol within the 8 hours before or during the period of possession of or access to the children. Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any health or dental insurance policy insuring the children. 13. Request for Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of Chloe Chartier, a licensed attorney, to preserve and protect the children's rights. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of this attorney and against Respondent and be ordered paid directly to Petitioner's attorney, who may enforce the judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. 14. Prayer Petitioner prays that citation and notice issue as required by law and that the Court enter its orders in accordance with the allegations contained in this petition. Petitioner prays that the Court immediately grant a temporary restraining order restraining Respondent, in conformity with the allegations of this petition, from the acts set forth above, and Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary injunction. Petitioner prays for attorney's fees , expenses, costs, and interest as requested above. Petitioner prays for general relief. Petition to Modify- Wade Page 6 of7 130409-1 Respectfully submitted, BAILEY & GALYEN 312 E. Renfro, Suite 202 Burleson, Texas 76028 Tel: (817) 263-3000 Fax: (817) 263-3010 Email: bglaw@galyen.com By:--=~ ~---=----- Chloe Chartier State BarNo. 24123103 Attorney for Petitioner Petition to Modify- Wade Page 7 of7 130409-1