On May 27, 2016 a
Motion-Secondary
was filed
involving a dispute between
Attorney General Of Texas,
Gupta, Atul Kumar,
Jain, Vibha,
and
Gupta, Atul Kumar,
Jain, Vibha,
for Divorce - With Children
in the District Court of Fort Bend County.
Preview
Filed
8/24/2022 5:21 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Ameena Khan
NO. 16-DCV-232,757
IN THE INTEREST OF IN THE DISTRICT COURT
rad 328TH JUDICIAL DISTRICT
A CHILD FORT BEND COUNTY, TEXAS
ORDER APPOINTING AMICUS ATTORNEY
The Court finds that under section 107.021 of the Texas Family Code, the best interest of
the child is in dispute, and after giving due consideration to the ability of the parties to pay
reasonable fees to the appointee, finds that an amicus attorney should be appointed in this case.
The Court hereby appoints _ __ as Amicus Attorney to provide legal
services necessary to assist the Court in protecting the best interests of [the
child the subject of this suit.
The Court hereby ORDERS that any custodian of the child shall grant Amicus Attorney
immediate access to the child and to any information relating to the child and shall fully
cooperate with Amicus Attorney.
The Court further ORDERS that the custodian of any relevant records relating to the
child, including records regarding social services, law enforcement records, school records,
records of a probate or court proceeding, and records of a trust or account for which the child is a
beneficiary, shall provide immediate access to the records to Amicus Attorney without requiring
a further order or release.
The Court further ORDERS that the custodian of a medical, mental health, or drug- or
alcohol-treatment record of a child that is privileged or confidential under other law shall release
the record to Amicus Attorney without requiring further order or release, except that a child's
drug- or alcohol-treatment record that is confidential under 42 U.S.C. section 290dd-2 shall be
8/25/2022 AK QC 08/26/2022 GT
ROUTED TO COUR
RTDTOD.CLERK 08/25/2022 DC
released only as provided under applicable federal regulations.
titioner and Respondent are ORDERED to sign any and all releases of information
relativeto the child or the parties in this case, as requested
by Amicus Attomey, within seven
days of the request.
Pursuant to sections 107.003 and 107.005 of the Texas Family Code, Amicus Attomey is
ORDERED to perform the following duties in this case:
subject to miles 4.02, 4.03 and 4.04 of the Texas Disciplinary Rules of
Professional Conduct, and within a reasonable time after the appointment, interview
the child in a developmentally appropriate manner, if the child is four
years of age or older;
each person who has significant knowledge of the child's history and
condition, including any foster parent of the child; and
the parties
to the suit;
seek to elicit in a developmentally appropriate manner the child's expressed
objectives of representation;
consider the impact on the child in formulating Amicus Attomey’s presentation of
the child's expressed objectives to the court;
investigate the facts of the case to the extent Amicus Attomey considers
appropiate, including conducting discovery;
obtain and review copies of relevant records relating to the child as provided by
section 107.006 of the Texas Family Code;
participate in the conduct of the litigation to the same extent as an attomey for a
party;
take any action consistent with the child's interests that Amicus Attomey
considers necessary to expedite the proceedings;
encourage settlement and the use of altemative forms of dispute resolution;
advocate the best interests of the child after reviewing the facts and circumstances
of the case;
review
and sign, or declineto sign, a proposed or agreed order affecting the child;
become familiar with the American Bar Association's standards of practice for
attomey's who represent children in custody cases;
inadevelopmentally appropriate manner
with the consent of the child, ensure that the child's expressed objectives
of representation
are made known to the Court;
explain the role of the Amicus Attomey to the child; and
inform the child that Amicus Attomey may use information that the child
provides in providing assistance to the Court; and
protect the confidentiality of all records provided to Amicus Attomey under this
order
and not disclose
any such records except
as provided by further order of the Court or other
law.
Amicus Attomey has all the rights and privileges as contained in chapter 107 of the
Texas Family Code, including the rights to
request clarification from the court if the role of Amicus Attomey is ambiguous;
request
a hearing or trial on the merits;
conduct discovery;
consent or refuseto consentto an interview
of the child by another attomey;
5 receive a copy of each pleading or other paper filed with the Court in the case in
which Amicus Attorney is appointed;
6. receive notice of each hearing in the case;
7 participate in case staffings by the Department of Family and Protective Services
concerning the child; and
8 attend all legal proceedings in the case.
Amicus Attorney is prohibited from disclosing confidential communications between
Amicus Attorney and the child unless Amicus Attorney determines that disclosure is necessary
to assist the Court regarding the best interests of the child.
The Court hereby finds that Amicus Attorney is entitled to reasonable fees and expenses
to be paid by the parties as follows: Petitioner is ORDERED to pay 50 percent and Respondent is
ORDERED to pay 50 percent. The Court hereby ORDERS ATUL GUPTA, Petitioner to deposit
the sum of $ with Amicus Attorney no later than 5:00 P.M. on the expiration
of seven (7) days following the signing of this order. The Court hereby ORDERS VIBHA JAIN,
Respondent to deposit the sum of $ with Amicus Attorney no later than 5:00
P.M on the expiration of seven (7) days following the signing of this order. The Court reserves
the right to order additional cost deposits before trial as necessary.
SIGNED on
JUDGE PRESIDING
APPROVED AS TO FORM ONLY:
Gill Revack Samaan & Muller, LLP
6300 West Loop South, Suite 340
Bellaire, Texas 77401
Tel: (713) 271-8282
Fax: (713) 271-2112
Email: muller@rsmlegalteam.com
By:
Ronald C. Muller
State Bar No. 14649100
Attorney for Petitioner
Law Office of Christine R. Thrash, PLLC
440 Louisiana Street, Suite 900
Houston, Texas 77002
Tel: (713) 224-7777
Fax: (877) 308-6443
Email: Christine@ThrashLawTexas.com
By:
Christine R. Thrash
State Bar No. 24033271
Attorney for Respondent
Office of the Attorney General
Child Support Division
117 Lane Drive, Ste. 7
Rosenberg, Texas 77471
Tel: (800) 252-8014
Fax: (281) 239-4800
Email: CSD-legal-605@texasattorneygeneral.gov
By:
Stephanie Truong
State Bar No. 24070451
Interested Party
Document Filed Date
August 24, 2022
Case Filing Date
May 27, 2016
Category
Divorce - With Children
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Filed 8/24/2022 5:21 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Ameena Khan NO. 16-DCV-232,757 IN THE INTEREST OF IN THE DISTRICT COURT rad 328TH JUDICIAL DISTRICT A CHILD FORT BEND COUNTY, TEXAS ORDER APPOINTING AMICUS ATTORNEY The Court finds that under section 107.021 of the Texas Family Code, the best interest of the child is in dispute, and after giving due consideration to the ability of the parties to pay reasonable fees to the appointee, finds that an amicus attorney should be appointed in this case. The Court hereby appoints _ __ as Amicus Attorney to provide legal services necessary to assist the Court in protecting the best interests of [the child the subject of this suit. The Court hereby ORDERS that any custodian of the child shall grant Amicus Attorney immediate access to the child and to any information relating to the child and shall fully cooperate with Amicus Attorney. The Court further ORDERS that the custodian of any relevant records relating to the child, including records regarding social services, law enforcement records, school records, records of a probate or court proceeding, and records of a trust or account for which the child is a beneficiary, shall provide immediate access to the records to Amicus Attorney without requiring a further order or release. The Court further ORDERS that the custodian of a medical, mental health, or drug- or alcohol-treatment record of a child that is privileged or confidential under other law shall release the record to Amicus Attorney without requiring further order or release, except that a child's drug- or alcohol-treatment record that is confidential under 42 U.S.C. section 290dd-2 shall be 8/25/2022 AK QC 08/26/2022 GT ROUTED TO COUR RTDTOD.CLERK 08/25/2022 DC released only as provided under applicable federal regulations. titioner and Respondent are ORDERED to sign any and all releases of information relativeto the child or the parties in this case, as requested by Amicus Attomey, within seven days of the request. Pursuant to sections 107.003 and 107.005 of the Texas Family Code, Amicus Attomey is ORDERED to perform the following duties in this case: subject to miles 4.02, 4.03 and 4.04 of the Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview the child in a developmentally appropriate manner, if the child is four years of age or older; each person who has significant knowledge of the child's history and condition, including any foster parent of the child; and the parties to the suit; seek to elicit in a developmentally appropriate manner the child's expressed objectives of representation; consider the impact on the child in formulating Amicus Attomey’s presentation of the child's expressed objectives to the court; investigate the facts of the case to the extent Amicus Attomey considers appropiate, including conducting discovery; obtain and review copies of relevant records relating to the child as provided by section 107.006 of the Texas Family Code; participate in the conduct of the litigation to the same extent as an attomey for a party; take any action consistent with the child's interests that Amicus Attomey considers necessary to expedite the proceedings; encourage settlement and the use of altemative forms of dispute resolution; advocate the best interests of the child after reviewing the facts and circumstances of the case; review and sign, or declineto sign, a proposed or agreed order affecting the child; become familiar with the American Bar Association's standards of practice for attomey's who represent children in custody cases; inadevelopmentally appropriate manner with the consent of the child, ensure that the child's expressed objectives of representation are made known to the Court; explain the role of the Amicus Attomey to the child; and inform the child that Amicus Attomey may use information that the child provides in providing assistance to the Court; and protect the confidentiality of all records provided to Amicus Attomey under this order and not disclose any such records except as provided by further order of the Court or other law. Amicus Attomey has all the rights and privileges as contained in chapter 107 of the Texas Family Code, including the rights to request clarification from the court if the role of Amicus Attomey is ambiguous; request a hearing or trial on the merits; conduct discovery; consent or refuseto consentto an interview of the child by another attomey; 5 receive a copy of each pleading or other paper filed with the Court in the case in which Amicus Attorney is appointed; 6. receive notice of each hearing in the case; 7 participate in case staffings by the Department of Family and Protective Services concerning the child; and 8 attend all legal proceedings in the case. Amicus Attorney is prohibited from disclosing confidential communications between Amicus Attorney and the child unless Amicus Attorney determines that disclosure is necessary to assist the Court regarding the best interests of the child. The Court hereby finds that Amicus Attorney is entitled to reasonable fees and expenses to be paid by the parties as follows: Petitioner is ORDERED to pay 50 percent and Respondent is ORDERED to pay 50 percent. The Court hereby ORDERS ATUL GUPTA, Petitioner to deposit the sum of $ with Amicus Attorney no later than 5:00 P.M. on the expiration of seven (7) days following the signing of this order. The Court hereby ORDERS VIBHA JAIN, Respondent to deposit the sum of $ with Amicus Attorney no later than 5:00 P.M on the expiration of seven (7) days following the signing of this order. The Court reserves the right to order additional cost deposits before trial as necessary. SIGNED on JUDGE PRESIDING APPROVED AS TO FORM ONLY: Gill Revack Samaan & Muller, LLP 6300 West Loop South, Suite 340 Bellaire, Texas 77401 Tel: (713) 271-8282 Fax: (713) 271-2112 Email: muller@rsmlegalteam.com By: Ronald C. Muller State Bar No. 14649100 Attorney for Petitioner Law Office of Christine R. Thrash, PLLC 440 Louisiana Street, Suite 900 Houston, Texas 77002 Tel: (713) 224-7777 Fax: (877) 308-6443 Email: Christine@ThrashLawTexas.com By: Christine R. Thrash State Bar No. 24033271 Attorney for Respondent Office of the Attorney General Child Support Division 117 Lane Drive, Ste. 7 Rosenberg, Texas 77471 Tel: (800) 252-8014 Fax: (281) 239-4800 Email: CSD-legal-605@texasattorneygeneral.gov By: Stephanie Truong State Bar No. 24070451 Interested Party