Preview
NO. 23-05--06612
IN THE INTEREST OF § IN THE DISTRICT COURT
§
ROWAN WING
§ #3 JUDICIAL DISTRICT
A MINOR CHILD § MONTGOMERY COUNTY, TEXAS
MOTION TO DISMISS SUIT AND PLEA TO JURIDICTION
COMES NOW CODY RUSSELL WING, the father of the above named child by
and through his Attorney of Record WILLIS EVERETT SMITH and files this his
“Motion To Dismiss Suit and Plea To Jurisdiction” and in support hereof would show
this court the following:
I
Petitioner for this proceeding CODY RUSSELL WING is currently married to
the Respondent STEPHANIE WING, and they are residents of the State Of Idaho for
several years. The couple reside at 1521 North Tatum Driven Post Falls, Idaho 83854,
II.
On or about April 19", 2023 after an argument, the Respondent lefi the State of
Idaho with the couple’s child and moved to the State of Texas. The Respondent then
sought counsel and filed the attached “Original Petition In Suit Affecting Parent Child
Relationship.” The Respondent also filed the attached “Information Required By Texas
Family Code 152.209” and in it confirms that: “The child presently lives with me at
21458 Lindell Run Drive, Porter, Texas 77365. In the next sentence it states that:
“The child began living at this residence on 4/19/23. The child’s last address for the
last five years is listed below, beginning with the most recent: From 4/15/23 to
4/18/23. Ill.
Petitioner asserts that The Texas Family Code Section 152.201 clearly provides that:
“See, 152.201. INITIAL CHILD CUSTODY JURISDICTION. (a) Except
as otherwise provided in Section 152.204, a court of this state has jurisdiction to
make an initial child custody determination only if:
(1) this state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the child within six
months before the commencement of the proceeding and the child is absent from
this state but a parent or person acting as a parent continues to live in this state;
(2) a court of another state does not have jurisdiction under
Subdivision (1), or a court of the home state of the child has declined to exercise
jurisdiction on the ground that this state is the more appropriate forum under
Section 152.207 or 152.208, and:
(A) the child and the child's parents, or the child and at least
one parent or a person acting as a parent, have a significant connection with this
state other than mere physical presence; and
(B) substantial evidence is available in this state
concerning the child's care, protection, training, and personal
relationships;”
At the time of the filing of this “Motion To Dismiss Suit And Plea To
The Jurisdiction” (May 23", 2023) the Respondent mother STEPHANIE
WING had only been in Texas for “Thirty Four (34) days” because she left
her home State, which was Idaho. No other courts have jurisdiction over the
matter and the home state had NOT declined to exercise jurisdiction on the
grounds that Texas is the appropriate forum. The Respondent does not have
a significant connection with the state other than mere presence and some
family. Finally there does not exist any substantial evidence in Texas that
concerns the child's care, protection, training, and personal relationships.
Mom is just merely present in Texas to stay with family.
Petitioner believes that STEPAHNIE WING?’S actions in moving to
Texas with their child without his consent was reckless, unnecessary and a
denial of his right to be with his child.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Counsel for the Petitioner PRAYS that
this court will grant a Dismissal of this action because STEPHANIE WING has not
satisfied Texas’ strict residency requirement to bring a suit.
Respectfully Submitted,
4S/ Willis Everett Smith, Esq.
WILLIS EVERETT SMITH, ESQ.
ATTORNEY AT LAW
25408 US HWY 59, SUITE#104
PORTER, TEXAS 77365
TEL# (281) 359-6052
FAX#(281) 360-6009
State Bar No#18710500
ATTORNEY FOR PETITIONER
CODY RUSSELL WING
Received and E-Filed for Recor
5/8/2023 3:54 PI
Melisa Miller, District Cter
Montgomery County, Texe
Deputy Clerk, Lira Dav
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA 23-05-06612
NO. Montgomery County - DC - County Court at
IN THE INTEREST OF § IN THE DISTRICT COURT CCL2
RONAN WING, § JUDICIAL DISTRICT
A CHILD & MONTGOMERY COUNTY, TEXAS
ORIGINAL PETITION IN SUIT AFFECTING THE
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 Objection to Assignment of Case to Associate Judge
Petitioner objects to the assignment of this matter to an associate judge for a trial on the
merits or presiding at a jury trial.
3. Parties
This suit is brought by STEPHANIE LYNN WING, Petitioner. The last three numbers of
STEPHANIE LYNN WING's driver's license number are 71C (Idaho). The last three numbers of
STEPHANIE LYNN WING's Social Security number are 531.
Respondent is CODY RUSSELL WING.
Petitioner is the mother of the child the subject of this suit.
Counterpetitioner has standing to bring this suit in that she is a parent of the child
pursuant to §102.003 of the Texas Family Code.
4. Jurisdiction
No court has continuing jurisdiction of this suit or of the child the subject of this suit.
Jurisdiction is sought under section 152.204 of the Texas Family Code, see Exhibit A.
In the Interest of Ronan Wing, A Child
Original SAPCR Page 1 of 7
ae
5. Child
The following child is the subject of this suit:
Name: RONAN WING
Sex: Male
Birth date: September 15, 2022
County of Residence: Montgomery
6. Adjudication of Parentage
CODY RUSSELL WING, Respondent, is, and shall be adjudicated to be, the father of
RONAN WING, born on September 15, 2022, to STEPHANIE WING, and the parent-child
relationship between the father and the child shall be established for all purposes.
T Person Entitled to Citation
The father of the child, the subject of this suit is CODY RUSSELL WING.
Process should be served at 1521 N. Tatum Drive, Post Falls, Idaho 83854 or wherever
he may be found.
There are no court-ordered conservatorships, court-ordered guardianships, or other
court-ordered relationships affecting the child the subject of this suit.
Information required by section 152.209 of the Texas Family Code is provided in the
affidavit attached as Exhibit B.
8. Nonresident Entitled to Citation
CODY RUSSELL WING, named above, is a nonresident of Texas,
The nonresident person engaged in sexual intercourse in Texas, and the child the
subject of this suit may have been conceived by that act of intercourse.
9. Insurance Information
Information required by section 154.181(b) and section 154,1815(c) of the Texas Family
Code is as follows:
Health Insurance Provider: Blue Cross of Idaho
Policy Number: XXXXXX068,
Responsible Party: STEPHANIE WING
In the Interest of Ronan Wing, A Child
Original SAPCR: Page 2 of 7
nee
10. Property
ssed b y the child the subject of this
suit.
No property of consequence is owned or posse
11. Protective Order Statement
Fa mily Code, protective order under
No protective order under title 4 of the Texas
Criminal Procedure, or order for em ergency
subchapter A, chapter 7B of the Texas Code of
regard to
Criminal Procedure is in effect in
protection under article 17.292 of the Texas Code of
and no application for any
such order is
a pal rty to this suit or a child of a party to this suit,
pending.
12. Conservatorship
appointment of the parents as joint
parents of the chi iid separated. The
The
in the best interest of the child. It is in the best interest of the
managing conservators would be
WING be appointed joint m anaging
and CODY RUSSELL
child that STEPHANI — WING
the managing conservator who
conservators of the child. Petitioner should be de: signated as
s:
have the following rights and dutie
rring with CODY RUSSELL WING, to consent to
4 the exclusive right, afte r confe
ical treatmen t invo lvin g inv: asive procedures;
medical, dental, and surg
ng with CODY RUSSELL WII NG, to consent to
2. the exclusive right, after conferri
| treatment of the child ;
psychiatric and psychological
for the
right, to receive and giv e receipt for periodic payments
3. the exclusive the benefit of the child;
or disburse these funds for
support olsf the child and to hold
other
child in legal action and to make
4 the independ ent right, to represent the ;
significa ince concerning the child
decisions of substantial legal
consent to
ng with COD’ 'Y RUSSELL WING, to
§ the exclusive right, after conferri ed Stat es;
in the armed forces of the Unit
marriage and to enli istment
WING, to make
conferring with CODY RUSSELL
6. the exclusive right, afte
education;
decisit ions concerning the child's
je the exclusive
264.0111 of the Texas Family Cod the child;
7 except as provided by section earn ings of
ring with CODY RU!
SSELL WING, to the services and
right, after confer
attorney ad litem
whe n @ gua rdi an of the child’ 's estates or a guardian or
8 except
, A Child Page 3 of 7
in the Interest of Ronan Wing
Original SAPCR
aw
has been appointed for the child, the exclusive right, to act as an agent of the child in relation to
the child's estates if the child's action is required by a state, the United States, or a foreign
government; and
9. the exclusive right, after conferring with CODY RUSSELL WING, to apply for,
renew, and maintain any passport for the child.
Petitioner requests that the court render an order appropriate under the circumstances
for possession of a child less than three years of age, pursuant to §153.254 of the Texas Family
Code, The Standard Possession Order is designed to apply to a child three years of age or
older, pursuant to §153.251(d) of the Texas Family Code. Respondent should have possession
of and access to the child pursuant to a modified possession schedule, which shall include
periods of supervised visitation by Petitioner or an entity designated by the Court.
Petitioner requests the Court to order reasonable periods of electronic communication
between the child and both parties to supplement both parties’ respective periods of possession
of and access to the child.
The Court should award Petitioner the exclusive right to enroll the child in schoo! or
daycare.
13. Support
The Court should order appropriate current and retroactive child, medical, and dental
support for the child, including temporary support pursuant to Tex. Fam. Gode Section 160.624
and 105.001. The Court should order medical support and dental support, including any
employment-related or other group health insurance and group dental insurance that is
available to the parent. Petitioner requests that the payments for the support of the child survive
the death of Respondent and become obligations of Respondent's estate.
44, Request for Temporary Orders
Petitioner requests the Court, after notice and hearing, to make temporary orders for the
safety and welfare of the child, including but not limited fo the following:
In the interest af Ronan Wing, A Child
Original SAPCR Page 4 of 7
sea assis hina sa
issue an emergency jurisdiction order to protect a parent of the child from being
subjected to or threatened with mistreatment or abuse.
Appointing Petitioner and CODY RUSSELL WING temporary joint managing
conservators, and designating Petitioner as the conservator who has the exclusive right to
designate the primary residence of the child. Petitioner requests the Court to apportion the
tights and duties of a parent set out in section 153.132 of the Texas Family Code as outlined
above.
Ordering Respondent to provide support for the child, including the payment of child
support and medical and dental support in the manner specified by the Court, while this case is
pending.
Restricting the primary residence of the child to Montgomery County, Texas.
Awarding Petitioner the exclusive right to enroll the child in school/daycare.
Enjoining Respondent from removing the child beyond Montgomery County, Texas,
acting directly or in concert with others.
Ordering the psychological evaluation of CODY RUSSELL WING.
Ordering the parties to attend a parent education and family stabilization course.
Ordering the parties to participate in an alternative dispute resolution process before trial
of this matter.
Ordering Respondent to have possession of and access to the child pursuant to a
modified possession schedule, which shall include periods of supervised visitation by Petitioner
or an entity designated by the Court.
15. Request for Temporary Orders and Injunction
Petitioner requests the Court to dispense with the necessity of a bond, and Petitioner
requests that, after notice and hearing, Respondent be further restrained and enjoined, pending
the further order of the Court, from:
in the interest of Ronan Wing, A Child
Original SAPCR Page 5 of 7
: pea.
Petitioner's possession of
Disturbing the child or Petitioner or interfering in any way with
y other
possession of the child, directly or through am
the child by taking or attempting to take
other place.
person, from the residence, school, or any
y where the child is
ing the child from enro llme nt in the school or day-care fa cilit
Withdraw
presently enrolled.
child from Petitioner.
Hiding or secreting the
the presence or
g Pet iti one r or Petitioner's fa! mily in
arks re! gar din
Making disparaging rem
the child.
within the hearing of
ts, and Interest
rn ey 's Fe es, Expenses, Cos
Request for At to OF J. le
16.
the se rv ic es of THE L AW OFFICE
se cure
for Petitioner to on' dent should
it was 0 ecessary chi ld's rights. Resp
d pro te ct the
to preserve an
, li censed attor! neys, and appeal, and
BE LL , PL LC
es , an d CO} sts through trial
expens
torne’ y's fees, and be ordered
de re d to pa y reasonable at t Resp ondent
be or rney an d ag ai ns
favor of this atto ey's OWN name.
sh ou ld be ret ndered in in the attorn
a ju dg me nt th e ju dg me nt
may enforce
at torne’ yy, who
to Petitioner's
paid directly lowed by law.
dg me nt in terest a 5 al
ju
ests Po st
Peti jtioner requ r
e Court ente
re d by law and thi at th
j Prayer ast eq ui
17. notice issue
th at ci tation an d
a
ay: 5 this peti ition.
Petitioner pr contained in ction
tions injun
ith the allega
y
ta temporar
i n ac co rdance wi e an d he aring, gran
its orders notic set forth
th e Co urt, after pe ti ti on , frol m the acts
on: 5 of this
prays th at
Petitioner jit h the allegati
I
in conformity
in 9 Re spondent, above.
enjoin
g. ‘est a8 requested
is case IS pendin
inter
nses: costs, and
's fees, expe
thi
above while
is fo r attorney's
ay
Petitioner pr .
lief
general re
Petitior ner
prays for
page 6 of fT
g. Child
re s| fo f Ronan win
yn te
iom at SAPC!
Respectfully submitted,
THE LAW OFFICE OF J. L. BELL, PLLC
6001 Savoy Drive, Suite 507
Houston, Texas 77036
Tel: (346) 703-2114
Fax: (713) 383-6489
By:/ Je’Freshia L. Bal
JE'FRESHIA L. BELL
State Bar No. 24118330
Jefreshia@ringthejlbell.com
In the Interest of Ronan Wing, A Child
Original SAPCR Page 7 of 7
L.
Exhibit A
NO. 23-05-06612
IN THE INTEREST OF § IN THE COUNTY COURT AT LAW
RONAN WING § NUMBER 3
A CHILD § MONTGOMERY COUNTY, TEXAS
.
THE STATE OF TEXAS
COUNTY OF MONTGOMERY
STEPHANIE WING appeared in person before me today and stated under oath:
“My name is STEPHANIE WING. | am above the age of eighteen years, and | am fully
competent to make this affidavit. The facts stated in this affidavit are within my personal
knowledge and are true and correct.
“| am the Petitioner in this case.
“The Respondent is CODY RUSSELL WING.
“| have been married to Cody Wing since June 15th, 2019. | have been subjected to severe
emotional abuse that has been extremely damaging not only to me but also to our son through
Cody Wings actions and statements.
“Our relationship seemed okay for a while until it simply was not. Cody started becoming
extremely difficult to communicate with. One of the first and biggest displays Cody has shown me
occurred between the years 2020-2021. Cody had cheated on me with a girl from the gym.
“This put @ huge strain on our marriage among other things and | asked for a divorce
around this time. After | asked, Cody said, “are you serious?" and | said “yes”. Cody then grabbed
one of his handguns, cocked it fully loaded, and put it to his head. He continued to look at me and
said, “Look what you're making me do”. | was terrified and visibly upset because | loved him. |
begged him not to do it and grabbed the gun from him. | was afraid that | would get shot myself
because of that situation. | felt so manipulated and fike the entire situation was my fault. Cody
pleaded and promised that he would never do anything like this again. | did everything in my
power to foster a beautiful relationship amongst manipulation like this. | even asked for marriage
counseling for years, but | always got the response “I don't like counseling, and it doesn't help
me" from Cody.
sl ss
a a
“Fast forward to when | found out | was. pregnant. We never expected to get pregnant
, but
‘ smiled when | first saw the positive test. | knew that
our baby was a miracle. Cody on the other
hand did not. He immediately hated the idea. He told me |
that he wished | had aborted the baby
in my first trimester, and continued these negative
comments throughout the pregnancy, but only
to me. He acted like he was @ very supportive father to
everyone but did not want the bal by wher
he was atone with me. | cried and begged him for the entire
first trimester for him to pi lease turn
things around, It was a nightmare. | could not bear the
thought of aborting our baby. Ws fe had two
Pregnancy scares after Ronan, and he told me that
| had to get an abortion both times. | had to
endure all of these emotions: again and again. | was
exhausted.
“In our four years of marriage and especially in the las it 7 month
s with our son, Cody has
shown a lot of aggression. He hits counter tops regularl
y, slams doors repeatedly, and punches
doors when he's mad all while the baby is around. | have
a: isked him to stop this behavior because
it scares me, and | don't want Ronan to grow up thinkin
g that behavior is okay. The response }
have received from Cody is "I will not change how | act because
| have a son. Ronan wili cuss
and hit things because he is a boy", Cody would also
hold Ronan duri Ing fights, and if | walked
@way, he would continue to follow me with the bal by in his arms
to fight. This behavior did not get
better over the 7 months. | fear how this behavior r will influence
Ronan as he grows,
“The week of April 18th of 2023, | discussed having a civil divor
ce with Cody again due to his
behavior. Cody did not want a divorce and began acting
manic and irrational. He followed me
around every single room of the house for days, he would
wake me up at night at least 5 times to
Say snide comments, he woke me up during a nap many
times as well, he woul ld cry while holding
‘our son, tried to sleep on our sons floor one night crying, and he did all of this behavior while
was asking for space repeatedly. If | ever left the house, he would |
blow up my phone for hours
until | got home. Throughout the couple of days, Cody would say
awful things to me like "No man
will ever love you the way | do”.
“On April 18th, Cody told me he was going to kill himself, took
one of hi: is handguns, handed
me our baby and left in his jeep. | was emotionally a mess and called
th 1 cops immediately after
| couldn't stap him. | never thought | would see him again. Cody
retumed that night with the cops
but was still irrational and seared all night. He acted very calm and leve
ineaded around the cops
but continued his behavior when they left, He would not si ‘eek help for
his mental health, With how
badly he was following me for days and still even that same ni ight, |
did not feel safe. | started to
lock myself in the bathroom. | made phone calls in our closet and
took the baby monitor with me
too so that | could listen while calling for help.
“Eventually, | called the cops to help me pack that night
and they did. | moved to Texas with
my family because | really needed some support during
this difficult time. For weeks now, he has
harassed me and my family by sending hundreds of disturbi
ng text messages and videos of him.
He has contacted dozens of friends and family to tell them about
our situation. He has posted on
Social media about our situation. He claims he is better,
redeemed, and that | need fo come, but
| am afraid of retuming to him in Idaho, Neither one of us
have family or support in Idaho and
retuming there is not in the best interest of the child
and myselff
a a eememm
‘lam asking this Court to grant me a temporary order for the safety and welfare of the
child and myself under these circumstances. | have dealt with the mistreatment from Cody
and
emotional abuse fong enough and if forced to live in an environment with him, | know it
will
continue to affect me and the baby both mentally and emotionally.
Sth srsee voi KA
STEPHANIE WING, Affiant a
Executed in Montgomery County, on _/ Y 1a i gq L 2OA3
VERONICA VASQUEZ
yTARY PUBLICSATE OF
CORRS, EXP, 0817/2024
NOTARY 10 #2520220 Notary Public
na
entanaconsei
Exhibit 8
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
23-05-06612
NO.
IN THE INTEREST OF § IN THE DISTRICT COURT
RONAN WING, § JUDICIAL DISTRICT
A CHILD § MONTGOMERY COUNTY, TEXAS
information wired Texas Famil de 152.209
STEPHANIE LYNN WING appeared in person before me today and stated under oath:
“[, STEPHANIE LYNN WING, am the person named as Petitioner in this case.
“The following child is the subject of this suit:
Name: RONAN WING
Sex: Male
Birth date: September 15, 2022
“The child presently lives with me at 24S _ Lindel] bn PC Porter, T« 7713eS
“The child began living at this residence on_4/ /7 / 23 . The child's address
for the last 5 years Is listed below, beginning with the most recent.
i past Address: {S21 N Tatum pc Post Falls, ip 3854
From: 4fig/23 To: g/is/ 23
e Wing and Gdy Win
Who did the child live with at this address? Ste phan)
sHphante
gr. Per
Wing: 21988" Cordell
LEX W13eS
dun
What is the present address of that person or persons?
Cady wing: [St N Taram PO post Falls, ID F3rSy
2 Past Address: [oZlo \u) Fescue [n_ apt 202, coeurd/Alene,Ip
F3SIS
From: 4 - Ie = 22% To: 4 /is{ 23
Who did the child live with at this address? Si¢phanie Wing and Cady Win
anit win 4? 21955 J
What is the present address of thal person or persons? (1h cl-¢ J. fun dr. porkr,TAa
11386
(ody Wing: [SZ N Tathm er Pose Falls, (Dp y3es¢Y
<. s
« Wir
STepraNie LYNN WING
SIGNED under oath bef meon Nosy. q Hw
RONICA VASQUEZ
ragEasry PUBLIC STATE OF 1
tay Cotas EXP. 001720274
NOTARY 10 12820221-0
1, ihe notary public whose signature appears above, certify that | am nat an atlorney in this
case.
aan RNR
Preview
NO. 23-05--06612 IN THE INTEREST OF § IN THE DISTRICT COURT § ROWAN WING § #3 JUDICIAL DISTRICT A MINOR CHILD § MONTGOMERY COUNTY, TEXAS MOTION TO DISMISS SUIT AND PLEA TO JURIDICTION COMES NOW CODY RUSSELL WING, the father of the above named child by and through his Attorney of Record WILLIS EVERETT SMITH and files this his “Motion To Dismiss Suit and Plea To Jurisdiction” and in support hereof would show this court the following: I Petitioner for this proceeding CODY RUSSELL WING is currently married to the Respondent STEPHANIE WING, and they are residents of the State Of Idaho for several years. The couple reside at 1521 North Tatum Driven Post Falls, Idaho 83854, II. On or about April 19", 2023 after an argument, the Respondent lefi the State of Idaho with the couple’s child and moved to the State of Texas. The Respondent then sought counsel and filed the attached “Original Petition In Suit Affecting Parent Child Relationship.” The Respondent also filed the attached “Information Required By Texas Family Code 152.209” and in it confirms that: “The child presently lives with me at 21458 Lindell Run Drive, Porter, Texas 77365. In the next sentence it states that: “The child began living at this residence on 4/19/23. The child’s last address for the last five years is listed below, beginning with the most recent: From 4/15/23 to 4/18/23. Ill. Petitioner asserts that The Texas Family Code Section 152.201 clearly provides that: “See, 152.201. INITIAL CHILD CUSTODY JURISDICTION. (a) Except as otherwise provided in Section 152.204, a court of this state has jurisdiction to make an initial child custody determination only if: (1) this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) a court of another state does not have jurisdiction under Subdivision (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 152.207 or 152.208, and: (A) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;” At the time of the filing of this “Motion To Dismiss Suit And Plea To The Jurisdiction” (May 23", 2023) the Respondent mother STEPHANIE WING had only been in Texas for “Thirty Four (34) days” because she left her home State, which was Idaho. No other courts have jurisdiction over the matter and the home state had NOT declined to exercise jurisdiction on the grounds that Texas is the appropriate forum. The Respondent does not have a significant connection with the state other than mere presence and some family. Finally there does not exist any substantial evidence in Texas that concerns the child's care, protection, training, and personal relationships. Mom is just merely present in Texas to stay with family. Petitioner believes that STEPAHNIE WING?’S actions in moving to Texas with their child without his consent was reckless, unnecessary and a denial of his right to be with his child. PRAYER WHEREFORE, PREMISES CONSIDERED, Counsel for the Petitioner PRAYS that this court will grant a Dismissal of this action because STEPHANIE WING has not satisfied Texas’ strict residency requirement to bring a suit. Respectfully Submitted, 4S/ Willis Everett Smith, Esq. WILLIS EVERETT SMITH, ESQ. ATTORNEY AT LAW 25408 US HWY 59, SUITE#104 PORTER, TEXAS 77365 TEL# (281) 359-6052 FAX#(281) 360-6009 State Bar No#18710500 ATTORNEY FOR PETITIONER CODY RUSSELL WING Received and E-Filed for Recor 5/8/2023 3:54 PI Melisa Miller, District Cter Montgomery County, Texe Deputy Clerk, Lira Dav NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA 23-05-06612 NO. Montgomery County - DC - County Court at IN THE INTEREST OF § IN THE DISTRICT COURT CCL2 RONAN WING, § JUDICIAL DISTRICT A CHILD & MONTGOMERY COUNTY, TEXAS ORIGINAL PETITION IN SUIT AFFECTING THE 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 Objection to Assignment of Case to Associate Judge Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial. 3. Parties This suit is brought by STEPHANIE LYNN WING, Petitioner. The last three numbers of STEPHANIE LYNN WING's driver's license number are 71C (Idaho). The last three numbers of STEPHANIE LYNN WING's Social Security number are 531. Respondent is CODY RUSSELL WING. Petitioner is the mother of the child the subject of this suit. Counterpetitioner has standing to bring this suit in that she is a parent of the child pursuant to §102.003 of the Texas Family Code. 4. Jurisdiction No court has continuing jurisdiction of this suit or of the child the subject of this suit. Jurisdiction is sought under section 152.204 of the Texas Family Code, see Exhibit A. In the Interest of Ronan Wing, A Child Original SAPCR Page 1 of 7 ae 5. Child The following child is the subject of this suit: Name: RONAN WING Sex: Male Birth date: September 15, 2022 County of Residence: Montgomery 6. Adjudication of Parentage CODY RUSSELL WING, Respondent, is, and shall be adjudicated to be, the father of RONAN WING, born on September 15, 2022, to STEPHANIE WING, and the parent-child relationship between the father and the child shall be established for all purposes. T Person Entitled to Citation The father of the child, the subject of this suit is CODY RUSSELL WING. Process should be served at 1521 N. Tatum Drive, Post Falls, Idaho 83854 or wherever he may be found. There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the child the subject of this suit. Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit B. 8. Nonresident Entitled to Citation CODY RUSSELL WING, named above, is a nonresident of Texas, The nonresident person engaged in sexual intercourse in Texas, and the child the subject of this suit may have been conceived by that act of intercourse. 9. Insurance Information Information required by section 154.181(b) and section 154,1815(c) of the Texas Family Code is as follows: Health Insurance Provider: Blue Cross of Idaho Policy Number: XXXXXX068, Responsible Party: STEPHANIE WING In the Interest of Ronan Wing, A Child Original SAPCR: Page 2 of 7 nee 10. Property ssed b y the child the subject of this suit. No property of consequence is owned or posse 11. Protective Order Statement Fa mily Code, protective order under No protective order under title 4 of the Texas Criminal Procedure, or order for em ergency subchapter A, chapter 7B of the Texas Code of regard to Criminal Procedure is in effect in protection under article 17.292 of the Texas Code of and no application for any such order is a pal rty to this suit or a child of a party to this suit, pending. 12. Conservatorship appointment of the parents as joint parents of the chi iid separated. The The in the best interest of the child. It is in the best interest of the managing conservators would be WING be appointed joint m anaging and CODY RUSSELL child that STEPHANI — WING the managing conservator who conservators of the child. Petitioner should be de: signated as s: have the following rights and dutie rring with CODY RUSSELL WING, to consent to 4 the exclusive right, afte r confe ical treatmen t invo lvin g inv: asive procedures; medical, dental, and surg ng with CODY RUSSELL WII NG, to consent to 2. the exclusive right, after conferri | treatment of the child ; psychiatric and psychological for the right, to receive and giv e receipt for periodic payments 3. the exclusive the benefit of the child; or disburse these funds for support olsf the child and to hold other child in legal action and to make 4 the independ ent right, to represent the ; significa ince concerning the child decisions of substantial legal consent to ng with COD’ 'Y RUSSELL WING, to § the exclusive right, after conferri ed Stat es; in the armed forces of the Unit marriage and to enli istment WING, to make conferring with CODY RUSSELL 6. the exclusive right, afte education; decisit ions concerning the child's je the exclusive 264.0111 of the Texas Family Cod the child; 7 except as provided by section earn ings of ring with CODY RU! SSELL WING, to the services and right, after confer attorney ad litem whe n @ gua rdi an of the child’ 's estates or a guardian or 8 except , A Child Page 3 of 7 in the Interest of Ronan Wing Original SAPCR aw has been appointed for the child, the exclusive right, to act as an agent of the child in relation to the child's estates if the child's action is required by a state, the United States, or a foreign government; and 9. the exclusive right, after conferring with CODY RUSSELL WING, to apply for, renew, and maintain any passport for the child. Petitioner requests that the court render an order appropriate under the circumstances for possession of a child less than three years of age, pursuant to §153.254 of the Texas Family Code, The Standard Possession Order is designed to apply to a child three years of age or older, pursuant to §153.251(d) of the Texas Family Code. Respondent should have possession of and access to the child pursuant to a modified possession schedule, which shall include periods of supervised visitation by Petitioner or an entity designated by the Court. Petitioner requests the Court to order reasonable periods of electronic communication between the child and both parties to supplement both parties’ respective periods of possession of and access to the child. The Court should award Petitioner the exclusive right to enroll the child in schoo! or daycare. 13. Support The Court should order appropriate current and retroactive child, medical, and dental support for the child, including temporary support pursuant to Tex. Fam. Gode Section 160.624 and 105.001. The Court should order medical support and dental support, including any employment-related or other group health insurance and group dental insurance that is available to the parent. Petitioner requests that the payments for the support of the child survive the death of Respondent and become obligations of Respondent's estate. 44, Request for Temporary Orders Petitioner requests the Court, after notice and hearing, to make temporary orders for the safety and welfare of the child, including but not limited fo the following: In the interest af Ronan Wing, A Child Original SAPCR Page 4 of 7 sea assis hina sa issue an emergency jurisdiction order to protect a parent of the child from being subjected to or threatened with mistreatment or abuse. Appointing Petitioner and CODY RUSSELL WING temporary joint managing conservators, and designating Petitioner as the conservator who has the exclusive right to designate the primary residence of the child. Petitioner requests the Court to apportion the tights and duties of a parent set out in section 153.132 of the Texas Family Code as outlined above. Ordering Respondent to provide support for the child, including the payment of child support and medical and dental support in the manner specified by the Court, while this case is pending. Restricting the primary residence of the child to Montgomery County, Texas. Awarding Petitioner the exclusive right to enroll the child in school/daycare. Enjoining Respondent from removing the child beyond Montgomery County, Texas, acting directly or in concert with others. Ordering the psychological evaluation of CODY RUSSELL WING. Ordering the parties to attend a parent education and family stabilization course. Ordering the parties to participate in an alternative dispute resolution process before trial of this matter. Ordering Respondent to have possession of and access to the child pursuant to a modified possession schedule, which shall include periods of supervised visitation by Petitioner or an entity designated by the Court. 15. Request for Temporary Orders and Injunction Petitioner requests the Court to dispense with the necessity of a bond, and Petitioner requests that, after notice and hearing, Respondent be further restrained and enjoined, pending the further order of the Court, from: in the interest of Ronan Wing, A Child Original SAPCR Page 5 of 7 : pea. Petitioner's possession of Disturbing the child or Petitioner or interfering in any way with y other possession of the child, directly or through am the child by taking or attempting to take other place. person, from the residence, school, or any y where the child is ing the child from enro llme nt in the school or day-care fa cilit Withdraw presently enrolled. child from Petitioner. Hiding or secreting the the presence or g Pet iti one r or Petitioner's fa! mily in arks re! gar din Making disparaging rem the child. within the hearing of ts, and Interest rn ey 's Fe es, Expenses, Cos Request for At to OF J. le 16. the se rv ic es of THE L AW OFFICE se cure for Petitioner to on' dent should it was 0 ecessary chi ld's rights. Resp d pro te ct the to preserve an , li censed attor! neys, and appeal, and BE LL , PL LC es , an d CO} sts through trial expens torne’ y's fees, and be ordered de re d to pa y reasonable at t Resp ondent be or rney an d ag ai ns favor of this atto ey's OWN name. sh ou ld be ret ndered in in the attorn a ju dg me nt th e ju dg me nt may enforce at torne’ yy, who to Petitioner's paid directly lowed by law. dg me nt in terest a 5 al ju ests Po st Peti jtioner requ r e Court ente re d by law and thi at th j Prayer ast eq ui 17. notice issue th at ci tation an d a ay: 5 this peti ition. Petitioner pr contained in ction tions injun ith the allega y ta temporar i n ac co rdance wi e an d he aring, gran its orders notic set forth th e Co urt, after pe ti ti on , frol m the acts on: 5 of this prays th at Petitioner jit h the allegati I in conformity in 9 Re spondent, above. enjoin g. ‘est a8 requested is case IS pendin inter nses: costs, and 's fees, expe thi above while is fo r attorney's ay Petitioner pr . lief general re Petitior ner prays for page 6 of fT g. Child re s| fo f Ronan win yn te iom at SAPC! Respectfully submitted, THE LAW OFFICE OF J. L. BELL, PLLC 6001 Savoy Drive, Suite 507 Houston, Texas 77036 Tel: (346) 703-2114 Fax: (713) 383-6489 By:/ Je’Freshia L. Bal JE'FRESHIA L. BELL State Bar No. 24118330 Jefreshia@ringthejlbell.com In the Interest of Ronan Wing, A Child Original SAPCR Page 7 of 7 L. Exhibit A NO. 23-05-06612 IN THE INTEREST OF § IN THE COUNTY COURT AT LAW RONAN WING § NUMBER 3 A CHILD § MONTGOMERY COUNTY, TEXAS . THE STATE OF TEXAS COUNTY OF MONTGOMERY STEPHANIE WING appeared in person before me today and stated under oath: “My name is STEPHANIE WING. | am above the age of eighteen years, and | am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. “| am the Petitioner in this case. “The Respondent is CODY RUSSELL WING. “| have been married to Cody Wing since June 15th, 2019. | have been subjected to severe emotional abuse that has been extremely damaging not only to me but also to our son through Cody Wings actions and statements. “Our relationship seemed okay for a while until it simply was not. Cody started becoming extremely difficult to communicate with. One of the first and biggest displays Cody has shown me occurred between the years 2020-2021. Cody had cheated on me with a girl from the gym. “This put @ huge strain on our marriage among other things and | asked for a divorce around this time. After | asked, Cody said, “are you serious?" and | said “yes”. Cody then grabbed one of his handguns, cocked it fully loaded, and put it to his head. He continued to look at me and said, “Look what you're making me do”. | was terrified and visibly upset because | loved him. | begged him not to do it and grabbed the gun from him. | was afraid that | would get shot myself because of that situation. | felt so manipulated and fike the entire situation was my fault. Cody pleaded and promised that he would never do anything like this again. | did everything in my power to foster a beautiful relationship amongst manipulation like this. | even asked for marriage counseling for years, but | always got the response “I don't like counseling, and it doesn't help me" from Cody. sl ss a a “Fast forward to when | found out | was. pregnant. We never expected to get pregnant , but ‘ smiled when | first saw the positive test. | knew that our baby was a miracle. Cody on the other hand did not. He immediately hated the idea. He told me | that he wished | had aborted the baby in my first trimester, and continued these negative comments throughout the pregnancy, but only to me. He acted like he was @ very supportive father to everyone but did not want the bal by wher he was atone with me. | cried and begged him for the entire first trimester for him to pi lease turn things around, It was a nightmare. | could not bear the thought of aborting our baby. Ws fe had two Pregnancy scares after Ronan, and he told me that | had to get an abortion both times. | had to endure all of these emotions: again and again. | was exhausted. “In our four years of marriage and especially in the las it 7 month s with our son, Cody has shown a lot of aggression. He hits counter tops regularl y, slams doors repeatedly, and punches doors when he's mad all while the baby is around. | have a: isked him to stop this behavior because it scares me, and | don't want Ronan to grow up thinkin g that behavior is okay. The response } have received from Cody is "I will not change how | act because | have a son. Ronan wili cuss and hit things because he is a boy", Cody would also hold Ronan duri Ing fights, and if | walked @way, he would continue to follow me with the bal by in his arms to fight. This behavior did not get better over the 7 months. | fear how this behavior r will influence Ronan as he grows, “The week of April 18th of 2023, | discussed having a civil divor ce with Cody again due to his behavior. Cody did not want a divorce and began acting manic and irrational. He followed me around every single room of the house for days, he would wake me up at night at least 5 times to Say snide comments, he woke me up during a nap many times as well, he woul ld cry while holding ‘our son, tried to sleep on our sons floor one night crying, and he did all of this behavior while was asking for space repeatedly. If | ever left the house, he would | blow up my phone for hours until | got home. Throughout the couple of days, Cody would say awful things to me like "No man will ever love you the way | do”. “On April 18th, Cody told me he was going to kill himself, took one of hi: is handguns, handed me our baby and left in his jeep. | was emotionally a mess and called th 1 cops immediately after | couldn't stap him. | never thought | would see him again. Cody retumed that night with the cops but was still irrational and seared all night. He acted very calm and leve ineaded around the cops but continued his behavior when they left, He would not si ‘eek help for his mental health, With how badly he was following me for days and still even that same ni ight, | did not feel safe. | started to lock myself in the bathroom. | made phone calls in our closet and took the baby monitor with me too so that | could listen while calling for help. “Eventually, | called the cops to help me pack that night and they did. | moved to Texas with my family because | really needed some support during this difficult time. For weeks now, he has harassed me and my family by sending hundreds of disturbi ng text messages and videos of him. He has contacted dozens of friends and family to tell them about our situation. He has posted on Social media about our situation. He claims he is better, redeemed, and that | need fo come, but | am afraid of retuming to him in Idaho, Neither one of us have family or support in Idaho and retuming there is not in the best interest of the child and myselff a a eememm ‘lam asking this Court to grant me a temporary order for the safety and welfare of the child and myself under these circumstances. | have dealt with the mistreatment from Cody and emotional abuse fong enough and if forced to live in an environment with him, | know it will continue to affect me and the baby both mentally and emotionally. Sth srsee voi KA STEPHANIE WING, Affiant a Executed in Montgomery County, on _/ Y 1a i gq L 2OA3 VERONICA VASQUEZ yTARY PUBLICSATE OF CORRS, EXP, 0817/2024 NOTARY 10 #2520220 Notary Public na entanaconsei Exhibit 8 NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA 23-05-06612 NO. IN THE INTEREST OF § IN THE DISTRICT COURT RONAN WING, § JUDICIAL DISTRICT A CHILD § MONTGOMERY COUNTY, TEXAS information wired Texas Famil de 152.209 STEPHANIE LYNN WING appeared in person before me today and stated under oath: “[, STEPHANIE LYNN WING, am the person named as Petitioner in this case. “The following child is the subject of this suit: Name: RONAN WING Sex: Male Birth date: September 15, 2022 “The child presently lives with me at 24S _ Lindel] bn PC Porter, T« 7713eS “The child began living at this residence on_4/ /7 / 23 . The child's address for the last 5 years Is listed below, beginning with the most recent. i past Address: {S21 N Tatum pc Post Falls, ip 3854 From: 4fig/23 To: g/is/ 23 e Wing and Gdy Win Who did the child live with at this address? Ste phan) sHphante gr. Per Wing: 21988" Cordell LEX W13eS dun What is the present address of that person or persons? Cady wing: [St N Taram PO post Falls, ID F3rSy 2 Past Address: [oZlo \u) Fescue [n_ apt 202, coeurd/Alene,Ip F3SIS From: 4 - Ie = 22% To: 4 /is{ 23 Who did the child live with at this address? Si¢phanie Wing and Cady Win anit win 4? 21955 J What is the present address of thal person or persons? (1h cl-¢ J. fun dr. porkr,TAa 11386 (ody Wing: [SZ N Tathm er Pose Falls, (Dp y3es¢Y <. s « Wir STepraNie LYNN WING SIGNED under oath bef meon Nosy. q Hw RONICA VASQUEZ ragEasry PUBLIC STATE OF 1 tay Cotas EXP. 001720274 NOTARY 10 12820221-0 1, ihe notary public whose signature appears above, certify that | am nat an atlorney in this case. aan RNR