On July 18, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Benitez, Joseph,
and
Huizar, Debbie,
for Parent Child Relationship - Conservatorship, Access, Support
in the District Court of Montgomery County.
Preview
NO. 23-07-10249
IN THE INTEREST OF IN COUNTY COURT AT LAW
JOSEPH A. BENITEZ AND AMINA 0. NUMBER THREE (3)
BENITEZ,
CHILDREN MONTGOMERY COUNTY, TEXAS
PETITION FOR WRIT OF HABEAS CORPUS
1 Discovery in this casc is intended to be conducted under level 2 of rule 190 of the
Texas Rules of Civil Procedure.
2. This Petition for Writ of Habeas Corpus is brought by JOSEPH BENITEZ,
Petitioner. The last three numbers of JOSEPH BENITEZ’ driver's license number are 311. The
last three numbers of JOSEPH BENITEZ! Social Security number are 512.
3 Petitioner is presently entitled to the possession of the children JOSEPH A.
BENITEZ and AMINA O. BENITEZ.
4. Respondent, DEBBIE HUIZAR, was then ordered by this Court on August 4,
2023, to surrender the children, JOSEPH A. BENITEZ and AMINA O, BENITEZ, to the
residence of Joseph Benitez located at 155 N. Willow Point Circle, Spring, Texas 77382 on
August 5, 2023, by 5:00 p.m.
5 DEBBIE HUIZAR failed to surrender the children as ordered. The children are
illegally restrained by DEBBIE HUIZAR, Respondent. Process should be served on
Respondent.
6 Petitioner applies for a writ of attachment of the persons of JOSEPH A.
BENITEZ and AMINA O. BENITEZ. Petitioner believes that Respondent's continued
possession of the children will create and is creating a serious, immediate threat to the children's
physical and emotional well-being.
7. It was necessary to secure the services of STEPHEN D. JACKSON, a licensed
attorney, and the law firm of STEPHEN D. JACKSON PLLC, to preserve and protect the rights
of the children. Respondent should be ordered to pay reasonable attorney's fees, expenses, and
costs, 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.
8 Petitioner prays that the Court immediately issue its writ of habeas corpus
Petition for Writ of Habeas Corpus
Page 1 OF 3
commanding that the children be brought immediately before this Court and that the children be
returned to Petitioner.
Petitioner further requests that Respondent be ordered to pay all costs of court.
Petitioner prays for recovery of all relief requested and for all general relief to which this
Court may deem Petitioner entitled.
Respectfully submitted.
Stephen D. Jackson PLLC
215 Simonton
Conroe, TX 77301
Tel: (936) 756-5744
Fax: (936) 756-5842
By
StepXenD. Jackson
State Bar No. 00784324
teve@stevejacksonlaw.com
Email Service Only:
service@stevejacksonlaw.com
Attorneys for JOSEPH BENITEZ
VERIFICATION
The undersigned states under oath "IT am the Movant in the foregoing motion. I have
personal knowledge of the facts and allegations stated in it, and they are true and correct."
DEBORAH MURPHY
My Notary ID # 2466762 6
Expires October 14, 2027 JOSE! BENIYEZ, Affiant A
SIGNED under oath before me on Aw Vs t 7, OLS
DEBORAH MURPHY
Sialonah
Notary Public, State of Texas
Nohy
My Notary ID # 2466762
Expires October 14, 2027
Petition for Writ of Habeas Corpus
Page 2 OF 3
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on the 7th day of August 2023
Step] aCKSO!
‘orney for JOSEPH BENITEZ
Petition for Writ of Habeas Corpus
Page 3 OF 3
Document Filed Date
August 07, 2023
Case Filing Date
July 18, 2023
Category
Parent Child Relationship - Conservatorship, Access, Support
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Preview
NO. 23-07-10249 IN THE INTEREST OF IN COUNTY COURT AT LAW JOSEPH A. BENITEZ AND AMINA 0. NUMBER THREE (3) BENITEZ, CHILDREN MONTGOMERY COUNTY, TEXAS PETITION FOR WRIT OF HABEAS CORPUS 1 Discovery in this casc is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. 2. This Petition for Writ of Habeas Corpus is brought by JOSEPH BENITEZ, Petitioner. The last three numbers of JOSEPH BENITEZ’ driver's license number are 311. The last three numbers of JOSEPH BENITEZ! Social Security number are 512. 3 Petitioner is presently entitled to the possession of the children JOSEPH A. BENITEZ and AMINA O. BENITEZ. 4. Respondent, DEBBIE HUIZAR, was then ordered by this Court on August 4, 2023, to surrender the children, JOSEPH A. BENITEZ and AMINA O, BENITEZ, to the residence of Joseph Benitez located at 155 N. Willow Point Circle, Spring, Texas 77382 on August 5, 2023, by 5:00 p.m. 5 DEBBIE HUIZAR failed to surrender the children as ordered. The children are illegally restrained by DEBBIE HUIZAR, Respondent. Process should be served on Respondent. 6 Petitioner applies for a writ of attachment of the persons of JOSEPH A. BENITEZ and AMINA O. BENITEZ. Petitioner believes that Respondent's continued possession of the children will create and is creating a serious, immediate threat to the children's physical and emotional well-being. 7. It was necessary to secure the services of STEPHEN D. JACKSON, a licensed attorney, and the law firm of STEPHEN D. JACKSON PLLC, to preserve and protect the rights of the children. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs, 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. 8 Petitioner prays that the Court immediately issue its writ of habeas corpus Petition for Writ of Habeas Corpus Page 1 OF 3 commanding that the children be brought immediately before this Court and that the children be returned to Petitioner. Petitioner further requests that Respondent be ordered to pay all costs of court. Petitioner prays for recovery of all relief requested and for all general relief to which this Court may deem Petitioner entitled. Respectfully submitted. Stephen D. Jackson PLLC 215 Simonton Conroe, TX 77301 Tel: (936) 756-5744 Fax: (936) 756-5842 By StepXenD. Jackson State Bar No. 00784324 teve@stevejacksonlaw.com Email Service Only: service@stevejacksonlaw.com Attorneys for JOSEPH BENITEZ VERIFICATION The undersigned states under oath "IT am the Movant in the foregoing motion. I have personal knowledge of the facts and allegations stated in it, and they are true and correct." DEBORAH MURPHY My Notary ID # 2466762 6 Expires October 14, 2027 JOSE! BENIYEZ, Affiant A SIGNED under oath before me on Aw Vs t 7, OLS DEBORAH MURPHY Sialonah Notary Public, State of Texas Nohy My Notary ID # 2466762 Expires October 14, 2027 Petition for Writ of Habeas Corpus Page 2 OF 3 Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on the 7th day of August 2023 Step] aCKSO! ‘orney for JOSEPH BENITEZ Petition for Writ of Habeas Corpus Page 3 OF 3