Preview
Received and E-Filed for Record
6/22/2016 4:10:37 PM
Barbara Gladden Adamick
District Clerk
Montgomery County, Texas
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 13-12-13598-CV
IN THE MATTER OF THE § IN THE DISTRICT COURT
MARRIAGE OF §
§
KATHERINE MARIE CANNON §
AND § 410TH JUDICIAL DISTRICT
LELAND DAVID CANNON §
§
§
ALESSANDRIA CANNON, EVE § MONTGOMERY COUNTY, TEXAS
CANNON AND LELAND COOPER
CANNON CHILDREN
PETITION TO MODIFY PARENT-CHILD RELATIONSHIP
1. Discovery Level
Discovery in this case is intended to be conducted under level 2 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 Katherine Marie Cannon a/k/a Katherine
Marie Gallamore, Petitioner. The last three numbers of Katherine Marie Cannon a/k/a Katherine
Marie Gallamore's driver's license number are 353. The last three numbers of Katherine Marie
Cannon a/k/a Katherine Marie Gallamore's Social Security number are 401. Petitioner is the
mother of the children and has standing to bring this suit. The requested modification will be in
the best interest of the children.
Respondent is Leland David Cannon.
The order to be modified is entitled Final Decree of Divorce and was rendered on
September 5, 2014.
3. Jurisdiction
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GALLAMORE Petition to Modify Parent-Child Relationship
Page 1 of 7
This Court has continuing, exclusive jurisdiction of this suit.
4. Children
The following children are the subject of this suit:
Name: Alessandria Cannon
Sex: Female
Birth date: XX/XX/2000
County of residence: Montgomery
Name: Eve Cannon
Sex: Female
Birth date: XX/XX/2002
County of residence: Montgomery
Name: Leland Cooper Cannon
Sex: Male
Birth date: XX/XX/2005
County of residence: Montgomery
5. Parties Affected
The following parties may be affected by this suit:
Name: Leland David Cannon
Relationship: Father
Process should be served at offices of Attorney Dustan Neyland, Four Kingwood Place,
900 Rocked, Suite 132, Kingwood, TX 77339 and via electronic delivery to
dneyland@greconeyland.com.
6. Children's Property
There has been no change of consequence in the status of the children's property since the
prior order was rendered.
7. Modification of Conservatorship, Possession and Access
The order to be modified is not based on a mediated or collaborative law settlement
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GALLAMORE Petition to Modify Parent-Child Relationship
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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. Petitioner asserts that the best interest of the children would be best served by
the Court ordering that the terms and conditions for access to or possession of the children be
modified to provide as follows:
1) Petitioner should be named sole managing conservator.
2) The Court should restrict access of the Respondent to the children to a period of not
more than two hours every Thursday and Saturday under the supervision of a licensed
therapist or a trained facilitator and with the costs of the supervision to be borne by
Respondent alone.
3) Respondent should not be allowed to discipline children using corporal punishment or
by using derogatory language that belittles the children while in his care.
4) Respondent should be denied overnights with the children subject of this suit until
this case has been resolved.
5) Petitioner request Petitioner and Respondent be allowed reasonable periods of
unsupervised electronic or telephonic communication between both parties and the
children.
Respondent has a history or pattern of neglecting the children subject of this suit and of
using corporal punishment.
That Petitioner be appointed the Sole Managing Conservator of the children who remain
under the jurisdiction of the court and that Respondent be denied overnight access to the children
until further order of this court.
That Respondent be ordered to attend individual counseling sessions for anger
management and family counseling sessions with the children in order to repair the relationship
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GALLAMORE Petition to Modify Parent-Child Relationship
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between them.
Alternatively, if the Court should decide that awarding Respondent overnight access to
the children would not endanger the children's physical health or emotional welfare and would
be in the best interest of the children, Petitioner requests that the Court render a possession order
that is designed to protect the safety and well-being of the children.
Leaving the children in Respondent’s care may endanger the children’s physical health or
significantly impair the children’s emotional development.
The requested modification is in the best interest of the children.
Petitioner believes Respondent suffers from PTSD and anger issues, which have recently
been taken out on the children.
Respondent has a history or pattern of child neglect directed against Eve Cannon and
Leland Cooper Cannon. Petitioner requests the Court to deny Respondent overnight access to the
children until this matter is resolved. Alternatively, Petitioner requests that the Court render a
possession order that provides that Respondent's periods of visitation be continuously supervised
by an entity or person chosen by the Court until this matter is resolved.
The requested modification is in the best interest of the children.
8. Request for 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 as the sole temporary conservator who has the right to designate
the primary residence of the children, as designated in the Final Decree of Divorce.
Ordering reasonable periods of electronic communication between the children and
Petitioner to supplement periods of possession of the children.
Denying Respondent overnight access to the children or, alternatively, rendering a
_____________________________________________________________________________________
GALLAMORE Petition to Modify Parent-Child Relationship
Page 4 of 7
possession order providing that Respondent's periods of visitation be continuously supervised.
Appointing an amicus attorney to provide legal services necessary to assist the Court in
protecting the best interests of the children.
Ordering the parties to participate in an alternative dispute resolution process before trial
of this matter.
Ordering Respondent to pay reasonable interim attorney's fees and expenses.
With regard to the requested temporary order for managing conservatorship, Petitioner
would show the Court the following:
These temporary orders are necessary because the children's present circumstances would
significantly impair the children's physical health or emotional development, and the requested
temporary order is in the best interest of the children.
Two of the children are twelve years of age or older and will express to the Court in
chambers, as provided by section 153.009 of the Texas Family Code, the name of the person
who is the children's preference to have the exclusive right to designate the primary residence of
the children, their concerns surrounding visitations with Respondent, and the requested
temporary order is in the best interest of the children.
9. 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 where the children are presently
enrolled.
Hiding or secreting the children from Petitioner.
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GALLAMORE Petition to Modify Parent-Child Relationship
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Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or
within the hearing of the children.
Using corporal punishment on the children.
Using derogatory and belittling language towards the children.
Canceling, altering, failing to pay premiums, or in any manner affecting the present level
of coverage of any health insurance policy insuring the children.
10. Request for Permanent Injunction
Petitioner requests the Court, after trial on the merits, to grant the following permanent
injunctions:
a. Prohibiting Respondent from using corporal punishment on the children.
b. Prohibiting Respondent from using derogatory and belittling language towards the
children.
11. Request for Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of Jennifer Casey, 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 post-judgment interest as allowed by law.
12. 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
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GALLAMORE Petition to Modify Parent-Child Relationship
Page 6 of 7
above, and Petitioner prays that, after notice and hearing, this temporary restraining order be
made a temporary injunction.
Petitioner prays that, on final hearing, the Court enter a permanent injunction enjoining
Respondent, in conformity with the allegations of this petition, from the acts set forth above.
Petitioner prays for attorney's fees, expenses, costs, and interest as requested above.
Petitioner prays for general relief.
Respectfully submitted,
The Law Office of Jennifer Casey
9595 Six Pines Drive, Suite 8210
The Woodlands, TX 77380
Tel: (832) 631-6091
Fax: (832) 442-4849
By:
Jennifer Casey
State Bar No. 24050391
jennifer@jcaseylawfirm.com
Attorney for Petitioner
_____________________________________________________________________________________
GALLAMORE Petition to Modify Parent-Child Relationship
Page 7 of 7
Preview
Received and E-Filed for Record 6/22/2016 4:10:37 PM Barbara Gladden Adamick District Clerk Montgomery County, Texas NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 13-12-13598-CV IN THE MATTER OF THE § IN THE DISTRICT COURT MARRIAGE OF § § KATHERINE MARIE CANNON § AND § 410TH JUDICIAL DISTRICT LELAND DAVID CANNON § § § ALESSANDRIA CANNON, EVE § MONTGOMERY COUNTY, TEXAS CANNON AND LELAND COOPER CANNON CHILDREN PETITION TO MODIFY PARENT-CHILD RELATIONSHIP 1. Discovery Level Discovery in this case is intended to be conducted under level 2 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 Katherine Marie Cannon a/k/a Katherine Marie Gallamore, Petitioner. The last three numbers of Katherine Marie Cannon a/k/a Katherine Marie Gallamore's driver's license number are 353. The last three numbers of Katherine Marie Cannon a/k/a Katherine Marie Gallamore's Social Security number are 401. Petitioner is the mother of the children and has standing to bring this suit. The requested modification will be in the best interest of the children. Respondent is Leland David Cannon. The order to be modified is entitled Final Decree of Divorce and was rendered on September 5, 2014. 3. Jurisdiction _____________________________________________________________________________________ GALLAMORE Petition to Modify Parent-Child Relationship Page 1 of 7 This Court has continuing, exclusive jurisdiction of this suit. 4. Children The following children are the subject of this suit: Name: Alessandria Cannon Sex: Female Birth date: XX/XX/2000 County of residence: Montgomery Name: Eve Cannon Sex: Female Birth date: XX/XX/2002 County of residence: Montgomery Name: Leland Cooper Cannon Sex: Male Birth date: XX/XX/2005 County of residence: Montgomery 5. Parties Affected The following parties may be affected by this suit: Name: Leland David Cannon Relationship: Father Process should be served at offices of Attorney Dustan Neyland, Four Kingwood Place, 900 Rocked, Suite 132, Kingwood, TX 77339 and via electronic delivery to dneyland@greconeyland.com. 6. Children's Property There has been no change of consequence in the status of the children's property since the prior order was rendered. 7. Modification of Conservatorship, Possession and Access The order to be modified is not based on a mediated or collaborative law settlement _____________________________________________________________________________________ GALLAMORE Petition to Modify Parent-Child Relationship Page 2 of 7 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. Petitioner asserts that the best interest of the children would be best served by the Court ordering that the terms and conditions for access to or possession of the children be modified to provide as follows: 1) Petitioner should be named sole managing conservator. 2) The Court should restrict access of the Respondent to the children to a period of not more than two hours every Thursday and Saturday under the supervision of a licensed therapist or a trained facilitator and with the costs of the supervision to be borne by Respondent alone. 3) Respondent should not be allowed to discipline children using corporal punishment or by using derogatory language that belittles the children while in his care. 4) Respondent should be denied overnights with the children subject of this suit until this case has been resolved. 5) Petitioner request Petitioner and Respondent be allowed reasonable periods of unsupervised electronic or telephonic communication between both parties and the children. Respondent has a history or pattern of neglecting the children subject of this suit and of using corporal punishment. That Petitioner be appointed the Sole Managing Conservator of the children who remain under the jurisdiction of the court and that Respondent be denied overnight access to the children until further order of this court. That Respondent be ordered to attend individual counseling sessions for anger management and family counseling sessions with the children in order to repair the relationship _____________________________________________________________________________________ GALLAMORE Petition to Modify Parent-Child Relationship Page 3 of 7 between them. Alternatively, if the Court should decide that awarding Respondent overnight access to the children would not endanger the children's physical health or emotional welfare and would be in the best interest of the children, Petitioner requests that the Court render a possession order that is designed to protect the safety and well-being of the children. Leaving the children in Respondent’s care may endanger the children’s physical health or significantly impair the children’s emotional development. The requested modification is in the best interest of the children. Petitioner believes Respondent suffers from PTSD and anger issues, which have recently been taken out on the children. Respondent has a history or pattern of child neglect directed against Eve Cannon and Leland Cooper Cannon. Petitioner requests the Court to deny Respondent overnight access to the children until this matter is resolved. Alternatively, Petitioner requests that the Court render a possession order that provides that Respondent's periods of visitation be continuously supervised by an entity or person chosen by the Court until this matter is resolved. The requested modification is in the best interest of the children. 8. Request for 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 as the sole temporary conservator who has the right to designate the primary residence of the children, as designated in the Final Decree of Divorce. Ordering reasonable periods of electronic communication between the children and Petitioner to supplement periods of possession of the children. Denying Respondent overnight access to the children or, alternatively, rendering a _____________________________________________________________________________________ GALLAMORE Petition to Modify Parent-Child Relationship Page 4 of 7 possession order providing that Respondent's periods of visitation be continuously supervised. Appointing an amicus attorney to provide legal services necessary to assist the Court in protecting the best interests of the children. Ordering the parties to participate in an alternative dispute resolution process before trial of this matter. Ordering Respondent to pay reasonable interim attorney's fees and expenses. With regard to the requested temporary order for managing conservatorship, Petitioner would show the Court the following: These temporary orders are necessary because the children's present circumstances would significantly impair the children's physical health or emotional development, and the requested temporary order is in the best interest of the children. Two of the children are twelve years of age or older and will express to the Court in chambers, as provided by section 153.009 of the Texas Family Code, the name of the person who is the children's preference to have the exclusive right to designate the primary residence of the children, their concerns surrounding visitations with Respondent, and the requested temporary order is in the best interest of the children. 9. 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 where the children are presently enrolled. Hiding or secreting the children from Petitioner. _____________________________________________________________________________________ GALLAMORE Petition to Modify Parent-Child Relationship Page 5 of 7 Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or within the hearing of the children. Using corporal punishment on the children. Using derogatory and belittling language towards the children. Canceling, altering, failing to pay premiums, or in any manner affecting the present level of coverage of any health insurance policy insuring the children. 10. Request for Permanent Injunction Petitioner requests the Court, after trial on the merits, to grant the following permanent injunctions: a. Prohibiting Respondent from using corporal punishment on the children. b. Prohibiting Respondent from using derogatory and belittling language towards the children. 11. Request for Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of Jennifer Casey, 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 post-judgment interest as allowed by law. 12. 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 _____________________________________________________________________________________ GALLAMORE Petition to Modify Parent-Child Relationship Page 6 of 7 above, and Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary injunction. Petitioner prays that, on final hearing, the Court enter a permanent injunction enjoining Respondent, in conformity with the allegations of this petition, from the acts set forth above. Petitioner prays for attorney's fees, expenses, costs, and interest as requested above. Petitioner prays for general relief. Respectfully submitted, The Law Office of Jennifer Casey 9595 Six Pines Drive, Suite 8210 The Woodlands, TX 77380 Tel: (832) 631-6091 Fax: (832) 442-4849 By: Jennifer Casey State Bar No. 24050391 jennifer@jcaseylawfirm.com Attorney for Petitioner _____________________________________________________________________________________ GALLAMORE Petition to Modify Parent-Child Relationship Page 7 of 7