On May 27, 2016 a
Complaint,Petition
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
4/17/2023 11:18AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Christian Reems
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
NO. 16-DCV-232757
IN THE INTEREST OF IN THE DISTRICT COURT
VIHAN GUPTA, 328TH JUDICIAL DISTRICT
A CHILD FORT BEND COUNTY, TEXAS
FIRST AMENDED 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. 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 and Order to Be Modified
_
This suit to modify a prior order is brought by iP TA, Petitioner. The last three
_
numbers of ATUL GUPTA's driver’ number ar e last three numbers of ATUL
GUPTA's Social Security number ar etitioner is e father of the child and has standing
to bring this suit. The requested modification will be in the best interest of the child.
Respondent is VIBHA JAIN.
The order to be modified is entitled “AGREED FINAL ORDER IN SUIT TO MODIFY
PARENT-CHILD RELATIONSHIP” and was rendered on June 4, 2021.
4. Jurisdiction
This Court has continuing, exclusive jurisdiction of this suit.
Child
The following child is the subject of this suit:
Name:
Sex: Male
Page 1 of 4
Birth date
County of residence: Fort Bend
6. Parties Affected
The following parties may be affected by this suit:
Name: VIBHA JAIN
Relationship: mother
Process should be served at any where she may find.
7. Insurance Information
Information required by section 154.181(b) and section 154.1815 of the Texas Family
Code is provided is not provided at this time.
8. Child's Property
There has been no change of consequence in the status of the child's property since the
prior order was rendered.
9. Protective Order Statement
No protective order under title 4 of the Texas Family Code, protective order under
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.
10. Modification of Conservatorship, Possession and Access
The order to be modified is based on a mediated settlement agreement. The
circumstances of the child, a conservator, or other party affected by the order to be modified
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.
Petitioner believes that the parties will enter into a written agreement containing
provisions for modification of the order providing for conservatorship of the child.
Petitioner believes that the parties will enter into a written agreement containing
provisions for modification of the order providing for possession and access of the child.
Petitioner requests the Court to determine whether there is a risk of international
abduction of the child by Respondent and to take such measures as are necessary to protect the
child.
Page 2 of 4
The requested modification is in the best interest of the child.
il. Support
The order to be modified is 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 be increased 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. The support payments previously
ordered are not in substantial compliance with the guidelines in chapter 154 of the Texas Family
Code, and the requested increase would be in the best interest of the child. 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.
Petitioner requests child support be made retroactive from the date of the filing of this
suit. Child support shall be in accordance with Texas Family Code Child Support Guidelines.
The requested modification is in the best interest of the child.
12. Request for Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of RONALD C. MULLER, a
licensed attorney, to preserve and protect the child'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 attomey, who may enforce the judgment in the attorney's own name. Petitioner
requests postjudgment interest as allowed by law.
13. 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 for attorney's fees, expenses, costs, and interest as requested above.
Petitioner prays for general relief.
Page 3 of 4
Respectfully submitted,
REVACK, SAMAAN & MULLER, LLP
6300 West Loop South, Suite 340
Bellaire, Texas 77401
Tel: (713) 271-8282
Fax: (713) 271-2112
By: RO We")
RONALD C: MULLER
State Bar No. 14649100
muller@rsmlegalteam.com
Attorney for Petitioner
Page 4 of 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jessica Brown on behalf of Ronald Muller
Bar No. 14649100
jbrown@rsmlegalteam.com
Envelope ID: 74703669
Filing Code Description: Amended Filin
Filing Description: First Amended Petition to Modify Parent-Child
Relationshi
Status as of 4/17/2023 2:54 PM CST
Associated Case Party: Vibha Jain
Name BarNumber | Email TimestampSubmitted | Status
Christine R.Thrash christinethrash@sbcglobal.net 4/17/2023 11:18:45 AM | SENT
Christine Thrash paralegal@thrashlawtexas.com | 4/17/2023 11:18:45 AM | SENT
Associated Case Party: Vinan Gupta
Name BarNumber | Email TimestampSubmitted | Status
Stacy SchnitzerMcCarty stacymccarty@ymail.com | 4/17/2023 11:18:45 AM | SENT
Associated Case Party: Attorney General of Texas
Name BarNumber | Email TimestampSubmitted | Status
Stephanie Truong | 24070451 CSD-legal-1003@oag.texas.gov | 4/17/2023 11:18:45 AM | SENT
Associated Case Party: AtulKumarGupta
Name BarNumber | Email TimestampSubmitted | Status
Ronald C.Muller muller@rsmlegalteam.com | 4/17/2023 11:18:45 AM | SENT
Jessica Brown jbrown@rsmlegalteam.com | 4/17/2023 11:18:45 AM | SENT
Document Filed Date
April 17, 2023
Case Filing Date
May 27, 2016
Category
Divorce - With Children
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Filed 4/17/2023 11:18AM Beverley McGrew Walker District Clerk Fort Bend County, Texas Christian Reems NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 16-DCV-232757 IN THE INTEREST OF IN THE DISTRICT COURT VIHAN GUPTA, 328TH JUDICIAL DISTRICT A CHILD FORT BEND COUNTY, TEXAS FIRST AMENDED 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. 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 and Order to Be Modified _ This suit to modify a prior order is brought by iP TA, Petitioner. The last three _ numbers of ATUL GUPTA's driver’ number ar e last three numbers of ATUL GUPTA's Social Security number ar etitioner is e father of the child and has standing to bring this suit. The requested modification will be in the best interest of the child. Respondent is VIBHA JAIN. The order to be modified is entitled “AGREED FINAL ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP” and was rendered on June 4, 2021. 4. Jurisdiction This Court has continuing, exclusive jurisdiction of this suit. Child The following child is the subject of this suit: Name: Sex: Male Page 1 of 4 Birth date County of residence: Fort Bend 6. Parties Affected The following parties may be affected by this suit: Name: VIBHA JAIN Relationship: mother Process should be served at any where she may find. 7. Insurance Information Information required by section 154.181(b) and section 154.1815 of the Texas Family Code is provided is not provided at this time. 8. Child's Property There has been no change of consequence in the status of the child's property since the prior order was rendered. 9. Protective Order Statement No protective order under title 4 of the Texas Family Code, protective order under 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. 10. Modification of Conservatorship, Possession and Access The order to be modified is based on a mediated settlement agreement. The circumstances of the child, a conservator, or other party affected by the order to be modified 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. Petitioner believes that the parties will enter into a written agreement containing provisions for modification of the order providing for conservatorship of the child. Petitioner believes that the parties will enter into a written agreement containing provisions for modification of the order providing for possession and access of the child. Petitioner requests the Court to determine whether there is a risk of international abduction of the child by Respondent and to take such measures as are necessary to protect the child. Page 2 of 4 The requested modification is in the best interest of the child. il. Support The order to be modified is 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 be increased 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. The support payments previously ordered are not in substantial compliance with the guidelines in chapter 154 of the Texas Family Code, and the requested increase would be in the best interest of the child. 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. Petitioner requests child support be made retroactive from the date of the filing of this suit. Child support shall be in accordance with Texas Family Code Child Support Guidelines. The requested modification is in the best interest of the child. 12. Request for Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of RONALD C. MULLER, a licensed attorney, to preserve and protect the child'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 attomey, who may enforce the judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. 13. 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 for attorney's fees, expenses, costs, and interest as requested above. Petitioner prays for general relief. Page 3 of 4 Respectfully submitted, REVACK, SAMAAN & MULLER, LLP 6300 West Loop South, Suite 340 Bellaire, Texas 77401 Tel: (713) 271-8282 Fax: (713) 271-2112 By: RO We") RONALD C: MULLER State Bar No. 14649100 muller@rsmlegalteam.com Attorney for Petitioner Page 4 of 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jessica Brown on behalf of Ronald Muller Bar No. 14649100 jbrown@rsmlegalteam.com Envelope ID: 74703669 Filing Code Description: Amended Filin Filing Description: First Amended Petition to Modify Parent-Child Relationshi Status as of 4/17/2023 2:54 PM CST Associated Case Party: Vibha Jain Name BarNumber | Email TimestampSubmitted | Status Christine R.Thrash christinethrash@sbcglobal.net 4/17/2023 11:18:45 AM | SENT Christine Thrash paralegal@thrashlawtexas.com | 4/17/2023 11:18:45 AM | SENT Associated Case Party: Vinan Gupta Name BarNumber | Email TimestampSubmitted | Status Stacy SchnitzerMcCarty stacymccarty@ymail.com | 4/17/2023 11:18:45 AM | SENT Associated Case Party: Attorney General of Texas Name BarNumber | Email TimestampSubmitted | Status Stephanie Truong | 24070451 CSD-legal-1003@oag.texas.gov | 4/17/2023 11:18:45 AM | SENT Associated Case Party: AtulKumarGupta Name BarNumber | Email TimestampSubmitted | Status Ronald C.Muller muller@rsmlegalteam.com | 4/17/2023 11:18:45 AM | SENT Jessica Brown jbrown@rsmlegalteam.com | 4/17/2023 11:18:45 AM | SENT