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
7/21/2023 1:26 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Sarah Self
NO. 16-DCV-232,757
IN THE INTEREST OF IN THE DISTRICT COURT
a 328TH JUDICIAL DISTRICT
A CHILD FORT BEND COUNTY, TEXAS
RESPONDENT’S PROPOSED PARENTING PLAN — FINAL ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Respondent VIBHA JAIN, reserving the right to revise prior to the time
of final trial, and requests that the Court adopt the following Proposed Parenting Plan:
Petitioner and Respondent are parents of the following child:
Name:
Sex:
Birth date:
County of residenc}
I Conservatorship
The parents should be appointed joint managing conservators with the rights and duties
as set out in the prior order except as follows:
Solely by | Solely by By
Rights and Duties Independent
Mother Father agreement
[Duty to make periodic child-support Xx
payments
Right to designate the primary residence of
tthe child within Fort Bend County, Texas
land contiguous counties thereto
Right to consent to psychiatric and
psychological treatment
Right to make decisions concerning the|
child's education
[Right to enroll the child in school
[Right to maintain possession of the child’s|
assport
II. Possession and Access
Father’s periods of possession should be governed by the Texas Standard Possession
Order (Mother not opposed to Father’s option to elect alternate beginning and ending times).
Mother has possession of the child at all other times not designated to Father herein. Father
should pick up and return the child at Mother’s residence or child’s school, as applicable.
Electronic communication for both parents modified to occur only at 10:00 am on
Saturday of each week.
Each parent may schedule one (1) extracurricular activity (defined as any activity not
required by the child’s school district or any sport not offered by the child’s school) which may
partially occur during the other parent’s period of possession and access, and the parents shall
make every effort to present the child to that activity. The parents be restricted from scheduling
any additional extracurricular activities for the child that may partially occur during the other
parent’s periods of possession, unless agreed to by the parents.
Ii. Child Support and Medical Support
Father pays child support to Mother in the amount of $1,840.00 per month, beginning
August 1, 2023 and on the 1“ day of each month thereafter until further court order. Father’s
request for retroactive child support denied.
Mother maintains health, vision, and dental insurance through her employer. Father
reimburses Mother $111.00 per month beginning August 1, 2023 and on the 1* day of each
month thereafter until further court order, as child support.
Uninsured healthcare expenses split 50/50 between the parties.
IV. Permanent Mutual Injunctions
Father enjoined from:
a. Making disparaging remarks regarding Mother or Mother’s family in the presence
or within the hearing of the child.
b Discussing litigation in this case with the child or within the child’s hearing
distance.
V. Alternative Relief if Mom Denied PMC
Conservatorship
The parents should be appointed joint managing conservators with the rights and duties
as set out in the prior order except as follows:
Solely by | Solely by y
Rights and Duties Independent
Mother Father agreement
Right to consent to psychiatric and Xx
psychological treatment
Possession and Access
During the child’s regular school term Mother and Father alternate weekly visitation,
exchanging child at 6pm on Sundays.
Midweek dinner during the child’s regular school term on Thursdays of each week,
beginning at time school is dismissed and ending at 8pm on the same day.
Father’s extended summer possession during month of June; Mother may designate
one weekend during this month for visitation but not Father’s Day weekend.
Weekend defined as 6pm on Friday to 6pm on Sunday.
Mother’s extended summer possession during month of July; Father may designate
one weekend during this month for visitation but not 4" of July weekend. Weekend
defined as 6pm on Friday to 6pm on Sunday.
Christmas, Thanksgiving, Spring Break, Mother’s Day weekend, and Father’s Day
weekend to occur pursuant to Texas Standard Possession Order.
Alternate Child’s birthday each year - Mother has possession of child beginning at
10am on June 18" and ending at 10am on June 19" in even-numbered years; Father
has same period of possession during odd-numbered years.
Each parent picks up child from the other parent’s residence at the beginning of Sunday
visitation; parent with right of possession picks up and returns for all other periods of possession.
If the above request is denied, then Mother requests Texas Standard Possession Order
with all elections to extend beginning and ending time for pick up and return of child.
Electronic Communication
Electronic communication for both parents modified to occur only at 10:00 am on
Saturday of each week.
Extracurricular Activities
Each parent may schedule one (1) extracurricular activity (defined as any activity not
required by the child’s school district or any sport not offered by the child’s school) which may
partially occur during the other parent’s period of possession and access, and the parents shall
make every effort to present the child to that activity. The parents be restricted from scheduling
any additional extracurricular activities for the child that may partially occur during the other
parent’s periods of possession, unless agreed to by the parents.
Child Support
No parent ordered to pay child support. Father’s request for retroactive child support
denied.
Medical Support
Mother maintains health, vision, and dental insurance through her employer. Father
reimburses Mother $55.50 per month (1/2 of the premium cost) beginning August 1, 2023 and on
the 1“ day of each month thereafter until further court order, as child support.
Uninsured healthcare expenses split 50/50 between the parties.
VI. Attorney’s Fees
Mother granted judgment for attorney’s fees and costs in the amount $23,980.04 against
Father, with legal interest per annum, paid by a date and time certain as necessaries for the child
and thus enforceable by contempt.
Respectfully submitted,
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:_/s/ Ghristine R. Thrash
Christine R. Thrash
State Bar No. 24033271
Attorney for Respondent
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 July 21, 2023
Ronald Muller
State Bar No. 14649100
6300 West Loop South, Suite 340
Bellaire, Texas 77401
Tel: (713) 271-8282
Fax: (713) 271-2112
Email: muller@rsmlegalteam.com
VIA ELECTRONIC SERVICE
Attorney for Petitioner
Stacy Schnitzer McCarty
State Bar No. 24041881
711 Morton Street
Richmond, Texas 77469
Tel: (281) 633-9919
Fax: (281) 232-9915
Email: stacymecarty@gmail.com
VIA ELECTRONIC SERVICE
Amicus Attorney
Stephanie Truong
State Bar No. 24070451
Office of the Attorney General
Child Support Division
II7 Lane Drive, Ste. 7
Rosenberg, Texas 77471
Tel: (800) 252-8014
Fax: (281) 239-4800
Email: CSD-legal-605@texasattorneygeneral.go
VIA ELECTRONIC SERVICE
Interested Party
le] ChristineR. Thrash
Christine R. Thrash
Attorney for Respondent
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.
Christine Thrash on behalf of Christine Thrash
Bar No. 24033271
christinethrash@sbcglobal.net
Envelope ID: 77764282
Filing Code Description: No Fee Documents
Filing Description: Financial Information Statement for Respondent Vibha
Jain
Status as of 7/21/2023 3:26 PM CST
Associated Case ra
Name BarNumber | Email TimestampSubmitted | Status
Stacy SchnitzerMcCarty stacymecarty@ymail.com | 7/21/2023 1:26:17 PM | SENT
Associated Case Party: Attorney General of Texas
Name BarNumber | Email TimestampSubmitted | Status
Stephanie Truong | 24070451 CSD-legal-1003@oag.texas.gov | 7/21/2023 1:26:17 PM | SENT
Associated Case Party: AtulKumarGupta
Name BarNumber | Email TimestampSubmitted | Status
Ronald C.Muller muller@rsmlegalteam.com | 7/21/2023 1:26:17 PM | SENT
Document Filed Date
July 21, 2023
Case Filing Date
May 27, 2016
Category
Divorce - With Children
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filed 7/21/2023 1:26 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Sarah Self NO. 16-DCV-232,757 IN THE INTEREST OF IN THE DISTRICT COURT a 328TH JUDICIAL DISTRICT A CHILD FORT BEND COUNTY, TEXAS RESPONDENT’S PROPOSED PARENTING PLAN — FINAL ORDER TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Respondent VIBHA JAIN, reserving the right to revise prior to the time of final trial, and requests that the Court adopt the following Proposed Parenting Plan: Petitioner and Respondent are parents of the following child: Name: Sex: Birth date: County of residenc} I Conservatorship The parents should be appointed joint managing conservators with the rights and duties as set out in the prior order except as follows: Solely by | Solely by By Rights and Duties Independent Mother Father agreement [Duty to make periodic child-support Xx payments Right to designate the primary residence of tthe child within Fort Bend County, Texas land contiguous counties thereto Right to consent to psychiatric and psychological treatment Right to make decisions concerning the| child's education [Right to enroll the child in school [Right to maintain possession of the child’s| assport II. Possession and Access Father’s periods of possession should be governed by the Texas Standard Possession Order (Mother not opposed to Father’s option to elect alternate beginning and ending times). Mother has possession of the child at all other times not designated to Father herein. Father should pick up and return the child at Mother’s residence or child’s school, as applicable. Electronic communication for both parents modified to occur only at 10:00 am on Saturday of each week. Each parent may schedule one (1) extracurricular activity (defined as any activity not required by the child’s school district or any sport not offered by the child’s school) which may partially occur during the other parent’s period of possession and access, and the parents shall make every effort to present the child to that activity. The parents be restricted from scheduling any additional extracurricular activities for the child that may partially occur during the other parent’s periods of possession, unless agreed to by the parents. Ii. Child Support and Medical Support Father pays child support to Mother in the amount of $1,840.00 per month, beginning August 1, 2023 and on the 1“ day of each month thereafter until further court order. Father’s request for retroactive child support denied. Mother maintains health, vision, and dental insurance through her employer. Father reimburses Mother $111.00 per month beginning August 1, 2023 and on the 1* day of each month thereafter until further court order, as child support. Uninsured healthcare expenses split 50/50 between the parties. IV. Permanent Mutual Injunctions Father enjoined from: a. Making disparaging remarks regarding Mother or Mother’s family in the presence or within the hearing of the child. b Discussing litigation in this case with the child or within the child’s hearing distance. V. Alternative Relief if Mom Denied PMC Conservatorship The parents should be appointed joint managing conservators with the rights and duties as set out in the prior order except as follows: Solely by | Solely by y Rights and Duties Independent Mother Father agreement Right to consent to psychiatric and Xx psychological treatment Possession and Access During the child’s regular school term Mother and Father alternate weekly visitation, exchanging child at 6pm on Sundays. Midweek dinner during the child’s regular school term on Thursdays of each week, beginning at time school is dismissed and ending at 8pm on the same day. Father’s extended summer possession during month of June; Mother may designate one weekend during this month for visitation but not Father’s Day weekend. Weekend defined as 6pm on Friday to 6pm on Sunday. Mother’s extended summer possession during month of July; Father may designate one weekend during this month for visitation but not 4" of July weekend. Weekend defined as 6pm on Friday to 6pm on Sunday. Christmas, Thanksgiving, Spring Break, Mother’s Day weekend, and Father’s Day weekend to occur pursuant to Texas Standard Possession Order. Alternate Child’s birthday each year - Mother has possession of child beginning at 10am on June 18" and ending at 10am on June 19" in even-numbered years; Father has same period of possession during odd-numbered years. Each parent picks up child from the other parent’s residence at the beginning of Sunday visitation; parent with right of possession picks up and returns for all other periods of possession. If the above request is denied, then Mother requests Texas Standard Possession Order with all elections to extend beginning and ending time for pick up and return of child. Electronic Communication Electronic communication for both parents modified to occur only at 10:00 am on Saturday of each week. Extracurricular Activities Each parent may schedule one (1) extracurricular activity (defined as any activity not required by the child’s school district or any sport not offered by the child’s school) which may partially occur during the other parent’s period of possession and access, and the parents shall make every effort to present the child to that activity. The parents be restricted from scheduling any additional extracurricular activities for the child that may partially occur during the other parent’s periods of possession, unless agreed to by the parents. Child Support No parent ordered to pay child support. Father’s request for retroactive child support denied. Medical Support Mother maintains health, vision, and dental insurance through her employer. Father reimburses Mother $55.50 per month (1/2 of the premium cost) beginning August 1, 2023 and on the 1“ day of each month thereafter until further court order, as child support. Uninsured healthcare expenses split 50/50 between the parties. VI. Attorney’s Fees Mother granted judgment for attorney’s fees and costs in the amount $23,980.04 against Father, with legal interest per annum, paid by a date and time certain as necessaries for the child and thus enforceable by contempt. Respectfully submitted, 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:_/s/ Ghristine R. Thrash Christine R. Thrash State Bar No. 24033271 Attorney for Respondent 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 July 21, 2023 Ronald Muller State Bar No. 14649100 6300 West Loop South, Suite 340 Bellaire, Texas 77401 Tel: (713) 271-8282 Fax: (713) 271-2112 Email: muller@rsmlegalteam.com VIA ELECTRONIC SERVICE Attorney for Petitioner Stacy Schnitzer McCarty State Bar No. 24041881 711 Morton Street Richmond, Texas 77469 Tel: (281) 633-9919 Fax: (281) 232-9915 Email: stacymecarty@gmail.com VIA ELECTRONIC SERVICE Amicus Attorney Stephanie Truong State Bar No. 24070451 Office of the Attorney General Child Support Division II7 Lane Drive, Ste. 7 Rosenberg, Texas 77471 Tel: (800) 252-8014 Fax: (281) 239-4800 Email: CSD-legal-605@texasattorneygeneral.go VIA ELECTRONIC SERVICE Interested Party le] ChristineR. Thrash Christine R. Thrash Attorney for Respondent 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. Christine Thrash on behalf of Christine Thrash Bar No. 24033271 christinethrash@sbcglobal.net Envelope ID: 77764282 Filing Code Description: No Fee Documents Filing Description: Financial Information Statement for Respondent Vibha Jain Status as of 7/21/2023 3:26 PM CST Associated Case ra Name BarNumber | Email TimestampSubmitted | Status Stacy SchnitzerMcCarty stacymecarty@ymail.com | 7/21/2023 1:26:17 PM | SENT Associated Case Party: Attorney General of Texas Name BarNumber | Email TimestampSubmitted | Status Stephanie Truong | 24070451 CSD-legal-1003@oag.texas.gov | 7/21/2023 1:26:17 PM | SENT Associated Case Party: AtulKumarGupta Name BarNumber | Email TimestampSubmitted | Status Ronald C.Muller muller@rsmlegalteam.com | 7/21/2023 1:26:17 PM | SENT